HARYANA URBAN DEVELOPMENT AUTHORITY Vs. HARBIR SINGH

JUDGEMENT

(1.) This is an application filed under Section 5 of the Limitation Act, 1963 (for short the Act) read with Section 151 of the Code of Civil Procedure, 1908 (for short Code of Civil Procedure) for condonation of delay of 1020 days in filing of the appeal.

(2.) In brief, Plaintiff/Respondent filed the suit for mandatory injunction which was decreed by the learned trial Court vide its judgment and decree dated 18.1.2006. Defendants No, 1 and 3 challenged the judgment and decree of the trial Court by way of appeal which was dismissed by the learned District Judge, Kaithal on 12.8.2006. Aggrieved against the judgment and decree of the Courts below, present appeal was filed by the applicants/Appellants in this Court on 26.08.2009. On scrutiny, the Registry of this Court found the appeal to be barred by 1020 days. The appeal was returned to the applicants/Appellants to be refiled after removing objections raised by the Registry. The appeal was then re-filed on 22.12.2009. It was again returned with objection and was ultimately refiled on 2.1.2010. Thus, along with the aforesaid application for condonation of delay in filing there is another application filed by the applicants/Appellants namely, CM No. 630-C-2010 for condoning the delay of 107 days in re-filing of the appeal.

(3.) Notice in both the applications was issued by this Court on 22.01.2010. Reply thereto has been filed.