Ravinder Singh and Another vs Harjinder Kaur

Alok Singh, J.—Present petition is filed challenging the order dated 05.04.2010 passed by the learned Appellate Court/Additional District Judge, Amritsar, thereby rejecting the application moved by the Appellants-Petitioners seeking condonation of delay in filing the appeal.

The brief facts of the present case are that suit filed by the Petitioners was dismissed vide judgment and decree dated 27.05.2009. Certified copy of the judgment was applied on 28.05.2009 and the same was prepared on 02.06.2009, however, appeal was filed on 21.07.2009. According to the record, appeal should have been filed on or before 02.07.2009 within 30 days from the date of the judgment and decree, however, appeal was filed after the delay of 19 days with an application for seeking condonation, which was dismissed by the impugned order.

It has been stated in the application seeking condonation of delay that Appellant was under confusion that appeal could be filed within 60 days, hence, delay was caused in filing the appeal.

Keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after giving sufficient opportunities to both the parties for hearing, I think that delay of 19 days in filing the appeal ought to have been condoned by the learned Appellate Court. Delay of 19 days in filing the appeal will not amount accruing any valuable right in favour of the Respondent.

Petition is allowed. Impugned order is set aside. Application filed by the Appellants - Petitioners herein seeking condonation of delay in filing the appeal is allowed. Delay in filing the appeal is condoned. The Petitioners - Appellants is directed to pay costs of Rs. 10,000/- to the Respondent on or before the next date of hearing. Parties are directed to appear before the learned Appellate Court on 06.12.2010. The learned Appellate Court thereafter shall decide the appeal at its own merit in accordance with law.