SH RAM KISHORE Vs. ANGOORI DEVI

JUDGEMENT

(1.) CM No.1888/2015 Allowed subject to deficiency being rectified.

(2.) THE application stands disposed of. RSA No.47/2015 CM No.1886/2015 (Condonation of Delay of 267 days)

(3.) THE explanation which has been furnished in the application is that the appellant is aged around 67 years and suffering from old age problems like memory loss etc. because of which he is having limited mobility. It has been stated by him that on 01.05.2014, he had handed over brief pertaining to the instant matter to his eldest son, namely Mr.Sanjay Kumar and specifically instructed him to initiate further prosecution and accordingly engage the services of some lawyer. It has been stated on 15.05.2014, Mr.Sanjay Kumar got a few typed papers signed from the appellant and told the appellant that the same pertained to second appeal to be filed on 16.05.2014 before this court. It is further stated that on 22.05.2014 an ugly feud erupted at the appellant's household in view whereof his aforesaid son Mr.Sanjay Kumar in a sudden and regrettable manner left the household along with his entire belongings and purportedly shifted to some unknown place. It has been stated after the said date, neither the appellant could contact his son nor his son has done the same thing. It is stated that only on 13.01.2015 the appellant's daughter namely Ms.Sushila Devi w/o Sh.Ram Parshad R/o 5464, Gali No.71, Dev Nagar, Karol Bagh, New Delhi came to the appellant and handed him over the entire brief pertaining to the instant matter which had been delivered at her residence by some unknown person on 12.01.2015. The application has been supported by the affidavit of the appellant and Ms.Sushila Devi.