Baldev Singh vs Surendra Singh And Others

G.S. Ahluwalia, J

This application under Order 41 Rule 19 of CPC has been filed for readmission of M.A.No.188/2016 which was dismissed by order dated 8.5.2017 for

non-compliance of peremptory order dated 17.3.2017.

I.A.No.946/2021 has been filed under Section 5 of Indian Limitation Act for condonation of delay.

It is mentioned in the application that on 8.2.2021 the applicant met with his counsel and then the status of the appeal was checked on the website and

on that day he came to know that the appeal has already been dismissed and, accordingly he applied for certified copy on 9.2.2021 which was supplied

on 9.2.2021 itself and the application for readmission of the appeal was filed on 10.2.2021.

The application is supported by an affidavit of the appellant. There is no reason to disbelieve the same. Accordingly, the delay in filing the application

for readmission of the appeal is hereby condoned.

Heard on the question of readmission of the appeal.

Although the reasons mentioned in this application are contrary to the reasons mentioned in the application for condonation of delay because in the

application for condonation of delay it is nowhere mentioned that the counsel for the appellant had informed the appellant with regard to the default

pointed out by the Office but in this application it is mentioned that the counsel for the appellant had informed the appellant about the default pointed

out by the Office. However, considering the fact that this appeal has been filed out of a vehicular accident and the appellant was claimant before the

Claims Tribunal, therefore by adopting a lenient view and subject to payment of cost of Rs.1,000/- to be deposited within a period of seven days in the

Registry of this Court, the application is allowed. On production of receipt of deposit of cost within a period of seven days from today,

M.A.No.188/2016 shall stand restored to its original file.

However, it is made clear that in case if the appeal is allowed, then the appellant shall not be entitled for the interest from the date of dismissal of this

appeal till today.