AJIT SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) The present second appeal against the judgment and decree of the Additional District Judge, Amritsar dated 5th May 1997 was initially filed on 23rd August, 1997 alongwith Civil Miscellaneous No.137-C of 1998 seeking condonation of delay of four days in filing the appeal. The appeal was returned with certain objections and it was again filed on 19th November, 1997 and was again returned. Finally, it was filed on 24th December, 1997. Civil Miscellaneous No.l36-C of 1998 was consequently moved seeking condonation of delay of 44 days in refiling the appeal. It was stated that the appeal was mixed up with other papers and could be traced only on 18th November, 1997 and that the delay in refiling the appeal was not intentional and therefore, the same may be condoned, in the interest of justice.

(2.) Upon notice, respondent No.2 filed reply to Civil Miscellaneous No.l36-C of 1998. It was stated that the applicant has not mentioned in the application as to when the appeal was mixed up with papers and how it was traced and from where, and that as a matter of fact, there was a delay of 90 days in filing the appeal and it has been wrongly stated in the application that the delay of was only 44 days.

(3.) Learned counsel for the parties have been heard. Counsel for the appellants urged that the delay in filing or refiling the appeal was not intentional and it deserves to be condoned in the interest of justice. On the other hand, counsel for respondent No.2 contended that there is no justification to condone the delay as the appellants have failed to show a sufficient cause for not filing the appeal within the time prescribed in law. Learned counsel also relied upon a Division Bench judgment of this Court in Prithvi Raj v. Smt. Kamal Kanta 1980 Rev. L.R. 91 Shri Gurbachan Singh v. Shri Mastan Singh etc., (1984)86 P.L.R. 438 and P.L. Ramachandran v. State of Kerala and Anr. (1988-3)120 P.L.R. 605.