Delhi High Court in pursuing the appeal before the wrong forum/court cannot be excluded. Both sides have referred various judgments. In Sudama ... under mistaken belief had been prosecuting the matter but before a wrong forum. As per facts of the present case, I am of the view
period spent in pursuing wrong
remedy before a wrong forum can be excluded and the delay caused can be
condoned. He further contends that though ... record to say that the appellant
was pursuing wrong remedy in the wrong forum is in consonance with the
record or not. In this regard
Mahipal Singh And Others vs State Of Haryana And Others on 13 February, 2019
Equivalent
Criminal)
371 (SC) that even a right decision by a wrong forum is
no decision and non-existent in the eyes of law even
when ... Division Bench, would be nullity and a right decision by
wrong forum is no decision.
16. Reliance placed by learned counsel for the assessee
therefore, in order to safeguard the interest of public at large,
wrong Forum invoked by the decree holder was rectified by
putting the petitioner/decree ... available to the objector as the decree holder had approached
the wrong Forum under a bona fide manner. It was so observed
that since public
advise, the workman had approached to the wrong forum, therefore,
declining the reference on this short ground that the demand notice was
issued after ... punished for the reason that he devoted his time
before the wrong Forum i.e. Civil Court. Approaching before the wrong
forum in some misconception
observed that since the
application was filed before a wrong forum, therefore, it has no meaning in
the eyes of law and the petitioner ... held that the application earlier filed for seeking
eviction before a wrong forum, the order has no meaning in the eyes of law
and liberty
period spent in proceedings before the wrong
Forum can be excluded under Section 14 of the Limitation
Act, 1963 only if the petitioner was bona ... fide and with due
diligence prosecuting the proceedings before the wrong
Forum. After the Act came into force on 25.1.1996, the
power of appointment
delay praying that he
was pursuing the case in a wrong forum.
In consonance with the order dated 2nd November, 1998, an
appeal was filed ... days.
Admittedly, in the present case, petitioner had opted for a
wrong forum and under a mistaken legal advice, instead of approaching
the appellate Court
this situation and losing their statutory right by coming to a wrong forum and letting time to expire I am therefore disinclined to consider
