HARINDER PAL SINGH Vs. SUKHWANT KAUR

JUDGEMENT

(1.) THIS application under Section 5 of the Limitation Act, 1963 seeks condonation of delay of 248 days in filing the accompanying Letters Patent Appeal. The said appeal, in turn, has been filed against the judgment and order dated July 30, 2001 passed by the learned Single Judge in FAO No. 3-M of 1996 whereby the respondent's appeal against the decree of divorce, dated 19.10.1995, granted by the Additional District Judge, Amritsar in a divorce petition filed by the appellant herein, was allowed and the divorce petition was consequently dismissed.

(2.) BEFORE adverting to the causa sine qua-non pleaded for condonation of delay, brief facts giving rise to this matrimonial dispute may be stated.

(3.) NOTICE of this application was given to the respondent who has contested the same by way of her reply-affidavit, dated November 7, 2003. In para 4 of the said affidavit, the respondent does not dispute the fact that the appellant had engaged Shri Nirmal Bans Singh Gujral, Advocate in the first appeal to that Shri Gujral remained sick till he expired on 15.9.2001. In fact, the respondent has candidly admitted that, "Shri Nirmal Bans Singh Gujral, Advocate remained sick of several years and who expired on 15.9.2001. His work was being looked after by his junior. Even otherwise, it was the duty of the appellant to have pursued the case if his counsel was sick".