KAPTAN Vs. RAM CHANDER

JUDGEMENT

(1.) Admit. 1. The following substantial question of law is formulated for determination : <DJG>"Whether the First Appellate Court ought to have allowed the application for condonation of delay in filing the appeal by not adopting a strict standard of proof?"</DJG>

(2.) The appeal arises out of an order dated 24th December, 1999 of the learned Additional District Judge, Delhi dismissing the appellant's appeal against judgment and decree dated 31st August, 1998 passed by the Court of Civil Judge dismissing the appellant's suit for recovery of possession and mesne profits. The appeal was filed on 16th November, 1998 and according to the appellant there was delay of 5 days after excluding the time consumed in procuring the certified copy of the judgment and decree of the Trial Court.

(3.) The First Appellate Court has however noted that actually there was delay of 12 days and not of 5 days as pleaded by the appellant.