JATINDER PAL SINGH Vs. TEJINDER SINGH

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The impugned judgment dtd. 21/5/2019 in RCA No.50/17 titled Jatinder Pal Singh v. Tejinder Singh, is under challenge before this Court by way of a second appeal wherein the first Appellate Court had refused to entertain the appeal on account of it being barred by delay. The Appellants-Plaintiffs (hereinafter "Plaintiffs") had sought condonation of delay of 49 days in filing the first appeal, which was not acceded to by the Appellate Court.

(3.) The said first appeal was against the order of the Trial Court dtd. 2/12/2016 in Suit No.59/2015 titled Sh. Jitender Pal Singh & Anr. v. Tejinder Singh & Anr. A brief background of the matter is that a suit for rendition of accounts and permanent injunction was filed by the Plaintiffs herein, against the Respondents-Defendants (hereinafter "Defendants"). In the said suit, an application under Order VII Rule 11 CPC was filed initially by the Defendants. However, the said application was withdrawn as recorded in the order dtd. 3/8/2016. Thereafter, an application was filed for amendment of the written statement under Order VI Rule 17 CPC by counsel for Defendant No.1. On the said application, arguments were heard on 1/12/2016 and the following order was passed: