DARSHAN SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS is an application seeking condonation of delay of 616 days in refiling this Regular Second Appeal. It is stated that the appeal was filed in the Registry on 16.5.2005 well within limitation and thereafter Registry returned the appeal with certain objections. The counsel for the appellant tried to contact the appellant to complete the instructions, but his efforts proved futile. It is further stated that the appellant has come to the office of the counsel on the date of filing of this application which is indicated as 15.10.2006 in the affidavit, accompanying the application. In paragraphs 5 and 6 of the application, the ground for condoning the delay in refiling the appeal has been mentioned. It is stated that brother-in-law of the applicant/appellant, namely, Ajmer Singh son of Chanan Singh, aged 45 years was taken seriously ill with Cancer. On 11.6.2005, he was taken to Kaswan Hospital and Diagnostic Center at Bikaner and thereafter he remained under treatment at the Punjab Health System Corporation from 11.8.2005 to 17.8.2005. He was shifted to Malwa Super Speciality Hospital, Bathinda on 27.8.2005 and then shifted to Bansal Surgical and Maternity Hospital, Bathinda on 30.9.2005. He did not recover from the ailment and ultimately died on 21.1.2006. It is accordingly mentioned that the applicant/appellant remained under stress and strain and cold not re-file the appeal within the prescribed time.

(2.) THE application is opposed by the other side wherein it is stated that after the dismissal of the appeal by the First Appellate Court, the appellant was issued notice in Execution Application. It was only thereafter that he preferred the present appeal. It is mentioned that death of the brother-in-law of the applicant/appellant occurred on 21.1.2006 and the present appeal has been preferred after a period of one year, without explaining the delay.

(3.) PERIOD of limitation has been prescribed under Rule 5 of the Rules and Orders of Punjab and Haryana High Court, Volume V Chapter I, Part A which deals with judicial business. This Chapter deals with "the Presentation and Reception of Appeals, Petitions and Applications for Review and Revision". Rule 5 deals with the re-filing of the appeals and reads as under :-