Order 22 Rule 2 and 9 -- Haryana Urban (Control of Rent & Eviction) Act, 1973 (11 of 1973), Section 13 -- Limitation Act, 1963 (36 of 1963), Section 5 – Appeal by landlord before Supreme Court – Sole Proprietor died during the pendency of the appeal -- Application for bringing on record the Legal representative of the appellant after delay of 778 days -- Condonation of delay -- Except for a vague averment that the legal representatives were not aware of the pendency of the appeal before the Court, there is no other justifiable reason stated in the one page application -- No reason or sufficient cause shown as to what steps were taken during this period and why immediate steps were not taken by the applicant, even after they admittedly came to know of the pendency of the appeal before the Court -- It is the abnormal conduct on the part of the applicants, particularly son who had appeared in the trial and was fully aware of the proceedings, but still did not inform the counsel of the death of his father – No ‘sufficient cause’ for condonation of delay of 778 days in filing the application. Balwant Singh v. Jagdish Singh & Others, 2011(1) L.A.R. 325 (SC).
No comments:
Post a Comment