Vikram v. General Public & Ors.

CORAM : HON'BLE MR.JUSTICE MOHINDER PAL Present: Mr.N.D.Achint, Advocate for the appellant. -.- MOHINDER PAL, J. C.M.No.19923-CII of 2011 This is an application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure for condonation of delay of 601 days in re-filing the appeal, filed by the appellant on the ground that the appeal was returned with certain objections on

03.01.2009. The Clerk of the counsel without any authorization or without removing the objection filed the appeal, which led to considerable delay. Learned counsel for the appellant in the application also pleaded that services of the Clerk, who committed mistake in causing delay has since been dispensed with by him. F.A.O. No.5268 of 2011 (O&M) 2 The plea taken by the appellant in his application is not plausible and appears to have been made without any basis. No ground for condonation of such considerable delay of 601 days in re-filing the appeal is made out. Accordingly, the same is hereby dismissed. FAO NO.5268 of 2011 Petition under Section 59 of the Mental Health Act, 1987 was filed by petitioner-respondent No.2 Smt. Birmati real sister of Siri Bhagwan @ Gunga for grant of permission to sell the land which was accepted vide order dated 19.09.2008 passed by the Additional District Judge, Gurgaon. I have gone through the well reasoned judgment running into 12 pages and all other record available on the file. Learned counsel for the appellant failed to point anything which has been left out of consideration while granting the permission to respondent No.2 Birmati for sale of the land of his brother as he was proved to be mentally ill on her furnishing undertaking in the trial Court that she would deposit the entire sale consideration by way of cheque in the name of Siri Bhagwan @ Gunga in F.D.R. in a nationalized bank and will also comply with the terms and conditions as contained in para No.20 of the judgment of the trial Court. Consequently, this appeal without merit and also filed beyond the period of limitation of 601 days in re-filing the appeal stands dismissed. November 28, 2011 ( MOHINDER PAL ) JUDGE