REGENT COMPUTRONICS PVT. LTD.

KANTA Appellant

V/S

DHARAM SINGH Respondents

Referred Judgements :-

YASH PAL JOURA VS. NAVEEN MAHAJAN [REFERRED TO]
MANINDRA LAND AND BUILDING CORPORATION LTD VS. BHUTNATH BANERJEE [REFERRED TO]
ARJUN SINGH VS. MOHINDRA KUMAR [REFERRED TO]
LALA MATA DIN VS. A NARAYANAN [REFERRED TO]
RAJENDER SINGH VS. SANTA SINGH [REFERRED TO]
ABDUL REHMAN ANTULAY VS. R S NAYAK [REFERRED TO]
MADANLAL VS. SHYAMLAL [REFERRED TO]
RAM NATH SAO ALIAS RAM NATH SAHU VS. GOBARDHAN SAO [REFERRED TO]
P RAMACHANDRA RAO VS. STATE OF KARNATAKA [REFERRED TO]
POPAT AND KOTECHA PROPERTY VS. STATE BANK OF INDIA STAFF ASSOCIATION [REFERRED TO]
PUNDLIK JALAM PATIL VS. EXE ENG JALGAON MEDIUM PROJECT [REFERRED TO]
PARIMAL VS. VEENA ALIAS BHARTI [REFERRED TO]
MANIBEN DEVRAJ SHAH VS. MUNICIPAL CORPORATION OF BRIHAN MUMBAI [REFERRED TO]
BASAWARAJ VS. SPL. LAND ACQUISITION OFFICER [REFERRED TO]
ESHA BHATTACHARJEE VS. MANAGING COMMITTEE OF RAGHUNATHPUR NAFAR ACADEMY [REFERRED TO]

JUDGEMENT

(1.) For the reasons given in the application, the same is allowed and the delay of 177 days in re-filing the appeal is condoned.

(2.) The applicant-appellant has filed CM-266-C-2024 seeking condonation of 1121 days' delay in filing the appeal. It has been averred in the application that the suit filed by the plaintiff-respondent was decreed by Courts below exparte and as such, the applicant-appellant had no knowledge of the said fact. It has further been averred that the applicant-appellant came to know about the decision of the appeal by the first Appellate Court, only when the summons in the execution proceedings were issued against her.

(3.) Learned counsel representing the applicant-appellant, while reiterating the averments made in the application seeking condonation of delay, argues that the delay in filing the appeal, is neither intentional nor willful and rather, the same is due to the circumstances explained above. It is further argued that it is settled law that matters should not be decided on technicalities and rather, the same should be decided on merits.

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KANTA Vs. DHARAM SINGH

Referred Judgements :-

JUDGEMENT

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