Paramjit Singh vs Sandeep Kaur Alias Pushpa

A.L. Bahri, J.—Paramjit Singh husband has filed an appeal against the judgment and decree passed by Additional District Judge, Ludhiana dated August, 3, 1991, whereby his petition filed u/s 13 of the Hindu Marriage Act was dismissed. Alongwith the appeal miscellaneous application u/s 5 of the Limitation Act for condoning the delay in filing the appeal has been filed.

Notice of this application was given to the respondent and reply has been filed.

After hearing learned Counsel for the parties and going through the allegations made in the application, we are of the view that no ground muchless reasonable ground for condoning the delay has been put forth or proved. A vague allegation has been made in the application that after the decision of the trial Court efforts were made to sort out the differences between the parties and when the same failed, the appeal was filed. There is a delay of 12 days in filing the appeal. These allegations have been denied. On these general allegations made, it cannot be said that the appellant was prevented by any sufficient cause from approaching the Court in time. No details have been given as to when such negotiations started and ended fruitlessly. No doubt, the Courts are liberal in dealing with the matters u/s 5 of the Limitation Act, but still a semblance of cause is required to be shown to condone the delay. The appellant has utterly failed in this respect. The application is dismissed, with the result the appeal shall also stand dismissed. There will be no order as to costs.