PRASHANT CHAUHAN Vs. HABIB AHMED

JUDGEMENT

(1.) C.N. No. 3343/2010 (delay in filing) and CM. No. 3345/2010 (delay in refilling)

(2.) AFORESAID are the two applications, one under Section 5 of the Limitation Act seeking condonation of 54 days delay in filing the appeal and second, is the application under Section 151 Code of Civil Procedure seeking condonation of 243 days delay in re -filing the appeal.

(3.) COUNSEL for the Respondent has opposed this application on the ground that the Appellant has been extremely careless and negligent in pursuing the appeal. It is submitted that there are no grounds much less sufficient grounds for condoning the 54 days delay in filing the appeal or 243 days delay in re -filing the appeal. Counsel further submits that it has been repeatedly held that while considering the application for condonation of delay it is not the period of delay which is relevant but the reasons for the same.