RAM KUMAR Vs. KARNAL CENTRAL COOP. BANK LIMITED

JUDGEMENT

(1.) C.M. No.13775 C of 2018 Prayer in the present application is for condonation of delay of 130 days in refiling the appeal.

(2.) Prayer in this application is for leading additional evidence by placing on record order dated 20.09.2001 passed by the Deputy Registrar, Karnal, whereby the application moved by applicant-appellant, claiming himself to be senior to respondent-defendant No.2, Mehar Singh, was allowed.

(3.) Prayer made in the application cannot be accepted at this belated stage for the reason that this aspect was known to the appellant- plaintiff from the very beginning that his request has been allowed being assigned seniority over and above respondent-defendant No.2 Mehar Singh. The said evidence cannot be permitted because there is no pleading in this regard and it is also not believable that the applicant-appellant was not aware of this fact. In any case, could not be of any help to appellant-plaintiff as the same would not cover up the inordinate delay in filing the suit by him, which has been one of the grounds for rejection of his claim as made in the suit. Merely because it has been asserted that the appellant-plaintiff was not aware of the fact that the person junior to him had already been promoted, cannot be a ground in itself for condoning the inordinate delay in filing the civil suit. There being no justification given for not producing the order dated 20.09.2001 passed by the Deputy Registrar, Karnal, in evidence during the trial as well as before the Appellate Court, the application cannot be accepted as it does not fulfill the mandate of the statute.