SMT. PRAKASH Vs. VINOD K. DUA

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal. The impugned judgment is dated 15-7-1982. The appeal against the said judgment was filed on 2-9-1982. The appeal was filed with an application for treating the appeal to be urgent. The Registry recorded an objection on the appeal stating that the certified copy of the decree-sheet should be filed. The appeal was admittedly not accompanied by the decree-sheet. This objection was recorded by the Registry on 2-9-1982 itself. The appeal was taken back by the learned counsel for the appellant on the next date i.e, on 3-9-1982. An application for obtaining the certified copy of the decree-sheet was filed on 14-9-1982. There is no explanation for these 11 days delay. The certified copy of the decree-sheet was prepared on 17-1-1983. It was filed in this court on 25-1-1983. Again there is no explanation for these 8 days.

(2.) Considering the circumstances, that originally the appeal was filed within the period of limitation, I would have taken a lenient view and condoned the delay. However, in the circumstances, I am reluctant to condone the delay. The respondent has, admittedly, remarried on 19-2-1983 i.e. about 7 months after the impugned judgment and decree. Having waited for all this period, he cannot be blamed for having remarried because no appeal was pending in this Court. In these circumstances, the application is dismissed. The appeal being barred by limitation is also dismissed. Both application and appeal dismissed.