NARESH Vs. AMITA DABAS

JUDGEMENT

(1.) In the present revision petition, the challenge is to order dtd. 2/8/2019 (Annexure P/3) by which, application seeking condonation of delay in filing the appeal has been allowed and the appeal was considered on merits and interim order was granted.

(2.) Learned counsel for the petitioner argues that once it is a conceded position that the appeal preferred by the respondent was time barred, the said delay could not have been condoned without issuance of notice and without seeking objection from the petitioner to the said prayer hence, order dtd. 2/8/2019 (Annexure P-3) is liable to be set aside.

(3.) Learned counsel for the respondent submits that the impugned order was passed in the presence of both the parties after hearing the respective counsel for the parties hence, the impugned order dtd. 2/8/2019 (Annexure P/3) may kindly be upheld.