(1.) By this application under Ss. 5 and 14 of the Limitation Act, 1963 read with Sec. 151 CPC, defendant no. 1/appellant herein seeks condonation of delay in filing chamber appeal. It is the case of defendant No.1/Appellant that there is a delay of 5 days in filing the accompanying chamber appeal filed under Rule 5, Chapter - II of Delhi High Court (Original Side) Rules, 2018.
(2.) The chamber appeal has been filed by defendant no. 1 against order dtd. 30/7/2019 passed by Joint Registrar. By the said order dtd. 30/7/2019, ld. Joint Registrar has disposed of application filed on behalf of plaintiff, being I.A. 5173/2019 under Order XXII Rule 4 CPC.
(3.) Appellant/defendant no. 1 had earlier filed a chamber appeal bearing O.A. No. 108/2019 against the aforesaid order dtd. 30/7/2019 passed by Joint Registrar. The first appeal, O.A. No. 108/2019 was filed on 19/8/2019 after a delay of 5 days. The said appeal was disposed of as withdrawn vide order dtd. 21/1/2020 with liberty to file a fresh appeal within a period of two weeks. The first appeal was withdrawn in view of objection of plaintiff/respondent herein that said appeal contained averments post the first filing of the said appeal. In view of addition of subsequent facts, the first appeal was allowed to be withdrawn with liberty to file a fresh appeal. Thus, it is the case of appellant that present appeal was filed on 30/1/2020 within the stipulated two weeks as granted by this Court vide order dtd. 21/1/2020 and that there is delay of 5 days in filing the present appeal that occurred at the time of filing of first appeal. Thus, it is prayed that delay of 5 days in filing the appeal may be condoned.