PARDEEP KUMAR Vs. RAM KANWAR GUPTA

JUDGEMENT

(1.) The application being CM No. 11522/2005 for condonation of delay of 883 days is filed on 18th July 2005 on behalf of the appellant stating therein that there is sufficient cause for the delay in filing of the appeal. However, in our view, no sufficient cause arises for the condonation of delay as the appellant has not provided any documentary evidence to show that his father was unwell and suffering from Cancer. Further reasons given for the delay, such as the counsel met with an accident and he was busy in his treatment, do not fall under the clause sufficient cause required for granting condonation of delay in terms of Section 5 of the Limitation Act.

(2.) Though the appeal is liable to be dismissed for the delay, nevertheless we have also considered the case on merits. With the consent of the learned Counsel for the parties the appeal is taken up for hearing.

(3.) The brief facts as per the appellant sans unnecessary details leading to the culmination of this appeal are as follows: