RIPU DAMAN MALIK Vs. DELHI ADMN.

JUDGEMENT

(1.) This is an application seeking condonation of 1427 days delay in filing the regular second appeal. I have heard the learned Counsel for the parties and gone through the record.

(2.) The main contention of the learned Counsel for the appellant is that she was pursuing the remedy of Civil Miscellaneous Main bearing No. 418/2008 against the rejection of their appeal on 5.1.2012. It is urged that Hon'ble Judge had observed that the impugned judgment which was assailed before the High Court constitutes a decree within the definition of Section 2(2) of the CPC, therefore, only a second appeal was permissible. Accordingly, the said petition bearing C.M. (M) No. 418/2008 was dismissed as withdrawn and the second appeal has been filed.

(3.) It has been stated by the learned Counsel that the delay in filing the regular second appeal has occurred on account of unintentional mistake on the part of the appellant and 'sufficient cause' has been shown in the delay application. Therefore, the delay in filing the present regular second appeal must be condoned.