GANPATI INFRABUILD PVT LTD Vs. SUDARSHNA DUGGAL

JUDGEMENT

(1.) ALLOWED. There is a delay of 23 days in filing the appeal. As we understand, and as it has developed in India by judicial verdicts, the law pertaining to limitation is that, if there is a meritorious claim by a party it should not be sacrificed on the altar of the law of limitation. Courts have held that procedural laws are not the mistress but are the hand-maid of justice and that every effort should be made by Courts to try and settled issues on merit.

(2.) WE thus proceed to consider the issues raised in the appeal, ignoring the delay in preferring the appeal, and for which we record that the suit record has been requisitioned in Court today, notwithstanding that the appeal comes up for preliminary hearing for the first time before the Division Bench.

(3.) IA No. 15597/2011, filed under Order VII Rule 11 of the Code of Civil Procedure, has merited approval by the learned Single Judge with a finding returned that the document relied upon by the appellant does not have the features of an Agreement to Sell.