Himachal Pradesh High Court
Shobha Nath Verma vs . Satnam Singh on 30 December, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Shobha Nath Verma vs. Satnam Singh .
CMP(M) No. 1716 of 2022 30.12.2022 Present: Mr. Sanjay Bhardwaj, Advocate for the applicant/appellant.
CMP(M) No. 1716 of 2022 This application has been filed for condonation of 13 days' delay in filing the appeal. Impugned judgment was passed on 9.6.2022, copy whereof was applied on 1.7.2022 and said copy was ready on 31.8.2022. However, same was delivered and received on 17.9.2022.
As per provisions of Limitation Act, limitation to file the appeal was to expire on 8th November, 2022, whereas appeal has been filed on 21st November, 2022.
Learned counsel for applicants/appellants submits that the applicants by counting limitation period from receipt/delivery of copy, were under impression that appeal could be filed before 25 th November, 2022, therefore, they approached the counsel for filing the appeal after 8th November, 2022 but before 25th November. Taking note of expiry of limitation period, immediately thereafter appeal was prepared and filed along with application for condonation of delay.
For reasons explained in application, it appears that delay was neither intentional nor willful but was for bonafide mistake as appeal has been filed before 25th November, 2022, a wrongly calculated last date for filing the appeal.
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the appeal is condoned. Appeal be registered. Application stands disposed of.
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