DALJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 15.04.2015, whereby application moved by the petitioner under Section 5 of the Limitation Act, 1980 seeking condonation of delay in filing the appeal, was dismissed.

(2.) Learned counsel for the petitioner has submitted that the delay in filing the appeal was neither intentional nor deliberate. In fact the counsel who was pursuing the case of the petitioner before the trial Court had not informed the petitioner qua the dismissal of the suit. Due to this reason, the delay in filing the appeal had occurred.

(3.) In support of his arguments, learned counsel for the petitioner has placed reliance on the decision of Hon'ble Supreme Court in Chandan Singh vs. National Insurance Co. Ltd. And another, 2015 1 RCR(Civ) 920, wherein it was held that the Courts and tribunals are required to examine the case of the litigants on merits and not reject the cases at the threshold on technicalities i.e. on the ground of delay.