Ajay Kumar vs Gulshan Kumar & Anr on 21 January, 2026

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Delhi High Court - Orders

Ajay Kumar vs Gulshan Kumar & Anr on 21 January, 2026

Bench: Neena Bansal Krishna

                          $~34
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    RFA 688/2024, CM APPL. 58779/2024
                               AJAY KUMAR                                 .....Appellant
                                               Through: Mr. Shaurya Kuthiala, Adv.
                                               versus
                               GULSHAN KUMAR & ANR.                       .....Respondents
                                               Through: Appearance not given.
                               CORAM:
                               HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                               ORDER

                          %                    21.01.2026
                          CM APPL. 58781/2024

1. Application under Section 151 of C.P.C. has been filed on behalf of the Appellant seeking condonation of delay of 03 days in re-filing the present Appeal.

2. It is submitted that impugned Judgment was delivered on 12.02.2024, while the Appeal was filed on 26.08.2024. It took some time for learned counsel for the Appellant to rectify the defects in the Appeal and pay scrutiny charges on 02.09.2024. Thereafter, the Appellant fell sick, thereafter, he was travelling during several days in the month of September and was out of station. On returning to Delhi, Counsel being extremely busy and it was hard for him to clear the backlog, therefore, he could not clear the defects. The delay of 03 days in re-filing the present Appeal be condoned.

3. In view of submissions made and for the reasons stated in the Application, the delay of 03 days in re-filing the present Appeal is condoned and Application is disposed of.

CM APPL. 58778/2024

4. Application under Sections 5 and 12 of Limitation Act, 1963 read This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 20:41:21 with Section 151 of C.P.C. has been filed on behalf of the Appellant seeking condonation of delay of 56 days in filing the present Appeal.

5. It is submitted in the Application that Judgement and Decree was passed on 12.02.2024. Application for getting certified copies was made on 26.02.2024, which were made available on 09.04.2024. Thereafter, Appellant applied for getting certified copy of original Registered Will dated 12.01.1994, as the same was in power and possession of the Respondent. Moreover, Appellant, who was suffering from paralysis for several years, was persuading the witness to the Will, to depose by way of an Affidavit of evidence to formally prove the Will dated 12.01.1994 in accordance with law. They finally conceded and gave their Affidavits on 29.07.2024, which is the additional documents filed along with the Appeal.

6. In view of the aforesaid circumstances, the Appeal could not be filed within time, resulting in delay of 56 days.

7. It is further submitted that the period for limitation would commence from 21.02.2024, the period for getting certified copies has to be excluded. Appellant was making inquiries from different counsel to file the Appeal, which got hindered by the commencement of summer vacations. Thereafter, delay occurred in getting the Affidavits of the witnesses.

8. It is submitted that there was delay of 56 days, which may be condoned.

9. Respondent, in its detailed Reply, has explained that the Appellant has been misleading the Court by claiming that there is delay of 56 days, while the delay is of 72 days. In obtaining the certified copies of Registered Will, there was delay of 01 day, benefit of which can be given to the Appellant. Likewise, 42 days in getting certified copy can also be excluded.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 20:41:21

10. There is huge gap between 12.02.2024 and 26.08.2024, which is a time of 195 days and even if, 43 days are excluded, there is unexplained delay of 72 days.

11. There is no explanation forthcoming explaining the delay and the Application may be dismissed.

Submissions heard and record perused.

12. It is Regular First Appeal preferred by the Plaintiff / Appellant, whereby the Suit for partition got dismissed vide Judgment dated 12.02.2024. According to the Appellant, there is delay of 56 days, while Respondent has asserted it to be of 72 days. Essentially, the reason given is that the Appellant was consulting various counsels for filing the Appeal.

13. Considering that it is the substantive right claimed by the Appellant which should not be defeated that the outside on the technical grounds of limitation and also consideration the explanation given in the Application, the delay of 56 days in filing the present Appeal is condoned.

14. Application is disposed of.

RFA 688/2024, CM APPL. 58779/2024

15. Learned counsel for the Appellant seeks adjournment as he is in Hospital.

16. Written submissions be filed on behalf of the parties within eight weeks, failing which the same shall be taken on record subject to payment of cost of Rs.25,000/- with the Delhi High Court Advocates' Welfare Trust.

17. List on 15.09.2026.

NEENA BANSAL KRISHNA, J.

JANUARY 21, 2026/R This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/01/2026 at 20:41:21

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Delhi High Court - Orders