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IN THE COURT OF DICTRICT JUDGE

[DISTRICT], NEW DELHI


M.A. NO. ………. OF 2019
IN
APPEAL NO. ………. OF 2019

IN THE MATTER OF:

MR. F … APPLICANT/ APPELLANT

VERSUS

MR. P … RESPONDENT

APPLICATION ON BEHALF OF THE APPELLANT UNDER SECTION OF


THE LIMITATION ACT, 1963 FOR CONDONATION OF DELAY IN FILING
THE PRESENT APPEAL.

RESPECTFULLY SHOWETH:

1. That Appellant/ Applicant has filed an accompanying appeal, against


the impugned judgement dated ……………. passed by the Learned
Civil Court of Ms. __________, Designation, Name of the Court, New
Delhi, whereby the Learned Court was pleased to allow the claim of
Respondent (Original Plaintiff) in a Suit under Section 38 of the
Specific Relief Act, 1963 requesting for grant of Permanent Injunction
against the Appellant/ Applicant.
2. That the contents of the said Appeal may kindly be treated as part and
parcel of the present Application as well, as the same are not being
repeated herein for the sake of brevity.

3. That Appellant/ Applicant appeared in the Original Suit regularly either


personally or through his Counsel, with the permission of the Court and attended
the proceedings diligently. However, during this period and thereafter, parents of
Appellant fell ill and their health severely deteriorated. Appellant being the only
son was looking after his parents and could not contact his Counsel.

4. That in the meantime on ……………. The Learned Civil Court passed


a judgement against the Appellant/ Applicant and granted relief to the
Respondent. Against which the Appellant/ Applicant has a right to go in an Appeal
within 30 days from the date of Decree or Order. The Decree was passed by the
Learned Civil Court on 01-06-2019.

5. That the Appellant/ Applicant came to know about the passing of the Decree
against him only after passing of 25 days from the date of Decree because of the
lax attitude of the Counsel. In the meanwhile, the health of the parents of the
Appellant/ Applicant deteriorated further and both the parents were required to
be admitted in hospital. It was impossible for the Appellant/ Applicant to find a
new counsel to handle the matter or to go to the Court himself and file the appeal
within time.

6. That the Appellant/ Applicant was able to file an Appeal only on 16-07-2019,
i.e. 14 days after the expiration of the period of Limitation. The parents of the
Appellant/ Applicant were discharged on 12-07-2019 and he appointed a new
Advocate on 13-07-2019. The next two days were a weekend and the next day
when the Court opened was 16-07-2019 [Monday].
7. That the delay in filing the accompanying Appeal was neither
intentional nor deliberate but the same was only due to the aforesaid
facts and circumstances and bonafide reasons.

8. That in case the delay in filing the accompanying Appeal is not


condoned and the present Appeal is not heard and decided on its
merits in that event Appellant shall suffer an irreparable loss and
injury without any restitution therefrom.

PRAYER

In view of the above facts and circumstances, it is, therefore, most


respectfully prayed that thus Hon’ble Court may be pleased to:

1. Condone the delay, if any, in filing the accompanying Appeal and the
same may kindly be heard and decided on merits, in the interest of
Justice.

2. Pass such or further Orders as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the case be also passed in
favour of the Appellant/ Applicant and against the Respondent to meet the ends
of Justice.

It is prayed accordingly!

New Delhi Appellant

Dated: through:

(Signatures)

Advocates