RSA Nos. 6576 and 6688 of 2016 (O&M). Case: Jasmeet Kaur Vs Arvinder Singh Dhingra and Ors.. High Court of Punjab (India)

Case NumberRSA Nos. 6576 and 6688 of 2016 (O&M)
CounselFor Appellant: Ashish Verma, Advocate
JudgesHari Pal Verma, J.
IssueCode of Civil Procedure, 1908 (CPC) - Section 151; Indian Evidence Act, 1872 - Section 68; Limitation Act, 1963 - Section 5
Judgement DateFebruary 28, 2017
CourtHigh Court of Punjab (India)

Judgment:

Hari Pal Verma, J.

CM. No. 17206-C of 2016

  1. Prayer in this application filed under Section 5 of the Limitation Act read with Section 151 CPC is for condonation of delay of 182 days in re-filing the appeal.

  2. Learned counsel for the applicant has stated that there is no delay in filing the appeal, but there is delay of 182 days in re-filing the appeal. The appeal was filed on 11.2.2016 i.e. within limitation. The appeal was checked by the Registry on 19.3.2016 and certain objections were raised. The applicant is an old widow and not much educated. She was not in possession of necessary records for the purpose of filing of this regular second appeal. There is no other male member in her family, therefore, she herself had to collect all the mentioned documents/record, enabling the conducting lawyer to refile the appeal. In this process the delay has occurred, which is not intentional.

  3. In view of the facts narrated above, the application is allowed and the delay of 182 days in re-filing the appeal is condoned.

    RSA No. 6576 of 2016

  4. Since both these appeals i.e. RSA No. 6576 of 2016 and RSA No. 6688 of 2016 are inter connected, the same are being taken up altogether and this common order shall dispose of both the aforesaid appeals. For the sake of brevity, the facts are being taken up from RSA No. 6576 of 2016.

  5. The appellant/defendant has filed the present appeal against the judgment and decree dated 30.9.2015 passed by learned Additional District Judge, Amritsar, whereby the appeal filed by the appellant/defendant against the judgment and decree 27.7.2013 passed by the Civil Judge (Junior Division), Amritsar, was dismissed.

  6. Briefly stated respondent/plaintiff has filed a suit for declaration to the effect that he is owner of the moveable and immoveable properties owned by Shri Mohinder Singh Dhingra son of Shri Gopal Singh Dhingra, as well as declaration to the effect that he is the only person to carry on the business in the name and style of M/s. Dhingra General Store, in a shop situated in a building having plot No. 22, Bazar Pasham Wala, Amritsar as sole proprietor after the death of his father (i.e. Mohinder Singh Dhingra). The plaintiff along with his father was running a partnership business in the name and style of M/s. Dhingra General Store vide partnership deed dated 1.4.2002. The business was in the nature of sale of general merchandise goods, ready-made garments, luggage containers, briefcases of all kinds and quality etc. The plaintiff was partner in the firm to the extent of 50% and the premises was taken on rent from Mandir Shri Shankar Nath Ji @ Rs. 150/- per month vide separate rent note dated 7.3.1998, executed by his father Mohinder Singh Dhingra being partner of the firm. However, Mohinder Singh Dhingra died on 25.6.2007, but before his death he had executed a Will dated 10.5.2000 in his sound disposing state of mind. He bequeathed his entire share in the partnership business in favour of the plaintiff along with tenancy rights. It was specifically mentioned in the Will that the entire business of M/s. Dhingra General...

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