AJAY AGGARWAL Vs. BRITANNIA INDUSTRIES LTD.

JUDGEMENT

(1.) The appellants, being legal representatives of the original plaintiff substituted the plaintiff before the trial court after his death. The suit for recovery of Rs.7,48,874.89 with interest was partly decreed for a sum of only Rs.79,846.85 with interest. Hence the present appeal by the appellants, claiming the entire suit amount.

(2.) The impugned judgment and decree being dtd. 13/12/2021, the prescribed period of limitation to file appeal expired on 15/3/2022, but the appeal was filed on 27/2/2023. Even thereafter, more than 100 days were spent by the appellants on rectification of defects raised by the Registry.

(3.) By way of the present applications, the appellants seek condonation of delay of 350 days in filing the appeal and 101 days in re-filing the appeal. Reply to the application has already been filed. I have heard learned counsel for both sides.