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2025 DAILYLAW 14308 (HP)

NAND LAL v. M/S DELUXE INTEGRATED COLD CHAIN PRIVATE LIMITED AND OTHERS

CMP.M/725/2025 · 2025-06-19

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

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Nand Lal Versus M/s Deluxe Integrated Cold Chain Private Limited and others CMP(M) No.725 of 2025 [Item D-8] 19.06.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for the applicant. CMP No.10885 of 2025 The present application for re-filing the appeal which is barred by 1 month and 11 days has been filed, which is duly supported by affidavit of the counsel. Keeping in view the sufficient cause highlighted in the same, we condone the delay in re-filing the appeal. The application stands disposed of. CMP No.725 of 2025 2. Similarly, there is delay of 2 days in filing the appeal against the order dated 03.10.2024 passed by learned Single Judge in OMP No.179 of 2024 in Civil Suit No.6 of 2024, titled as Nand Lal Versus Deluxe Integrated Cold Chain Pvt. Ltd. and others. 3. Keeping in view the normal delay as such and the reasons given in the application, which is duly supported by affidavit of the counsel, delay is liable to be condoned. 4. Sufficient cause has been made out to condone the delay in filing the appeal, which is accordingly condoned. The application stands disposed of. FAO (OS) No._______of 2025 5. Appeal be registered. 6. It is contended that learned Single Judge has rejected the plaint on the ground of limitation under Order VII Rule 11 of the Code of Civil Procedure. It is further contended that mixed questions of law and facts as such would have to be adjudicated upon and the plaintiff-appellant herein, as such, is seeking relief of possession on the ground of title and that that sale deed is without consideration which is void, for which limitation would be for 12 years as right of adverse possession with the defendants-respondents as such would only start thereafter. 7. Issue notice to the respondents, returnable within four weeks, on taking steps within a week. List on 29.07.2025. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge June 19, 2025 (Bhardwaj/Shivender )