- (1.) CM-13240-Cii-2016 This is an application for placing on record documents Annexure P-4 to Annexure P-6. Heard. In view of the reasons mentioned in the application, same is allowed and the documents Annexure P-4 to Annexure P-6 are taken on record, subject to just exceptions. CR-2598-2016 The present revision petition has been preferred against the order dated 16.12.2015 passed by learned Additional District Judge, Kurukshetra, vide which the application moved by the petitioner under Section 5 of the Limitation Act for condonation of delay in filing the appeal has been dismissed and resultantly the appeal has been dismissed being time barred.
(2.) Learned counsel for the petitioner contended that there was delay of about six and half months in filing the appeal. He contended that the appellant could not file the appeal due to illness of his wife. The wife of the petitioner was undergoing treatment in Alchemist Hospital, Panchkula and various other hospitals. She was also placed under suspension on 31.10.2014. This incident further compounded his problem. Due to this problem, he remained disturbed and could not approach his counsel for preparing and filing the appeal.
(3.) Learned counsel for the petitioner further contended that as per the law, liberal approach should be adopted to condone the delay as the right of appeal should always be available to the litigant to get his rights determined on merits than on technicalities. To support his contentions, learned counsel for the petitioner placed reliance upon cases Kanwar Lal Vs. State of Haryana and another, 2003 1 RCR(Civ) 345, Smt. Bimla & Anr. Vs. Mahender & Ors. CR No.5670 of 2014 (O&M) decided on 8.12.2015, Swaran Singh Vs. Raghbir Singh and others CR No.6301 of 2015 decided on 19.01.2016, Jai Chand Vs. Prem Chand and another CR No.4417 of 2013 decided on 27.11.2015 and Pritam Kaur Vs. Thandu Ram @ Thandu Singh and others CR No.4473 of 2012 decided on 30.11.2015.;