RAM PARKASH Vs. MANI RAM

JUDGEMENT

(1.) By medium of these applications, the applicant/ petitioner has sought recalling of the order dtd. 13/12/2017 whereby the appeal was ordered to be dismissed for want of prosecution and has further sought condonation of delay in filing of the said application.

(2.) The applicant/petitioner has taken the grounds for condonation of delay as set out in para-2 of the application wherein it has been averred that the applicant for the last one year was out of station in connection with treatment of his wife in different hospitals. Thereafter, the applicant himself suffered a serious heart ailment and had to remain out of his native place with his son at Jalandhar. Thereafter, the younger son of the applicant, who was admittedly 38 years of age died on 30/7/2018, resulting the aforesaid delay which is neither intentional nor deliberate, but was due to aforesaid reasons. Even otherwise, the applicant does not stand to gain anything by not pursuing the appeal that was already filed by him.

(3.) The respondents have contested these applications by filing replies wherein it is averred that the applicant had been granted sufficient time to comply with the orders passed by this Court and having failed to do so, there was no option left with the Court, save and except, dismiss the appeal for want of prosecution.