Shyam Lal vs. Hari Ram CMP(M) No. 1396 of 2024 30.04.2025 Present: Ms. Madhurika Sekhon, Advocate for the applicant/appellant. Mr. Ajay Kumar Dhiman, Advocate, for the respondent. CMP(M) No. 1396 of 2024 This application has been filed for condonation of delay in filing the appeal against order dated 8th April, 2024 passed by learned Single Judge of this Court in Civil Suit No. 48 of 2023 and in OMP No. 214 of 2024 whereby prayer for filing written statement/defence has been closed. The impugned order was passed on 8th April, 2024. As per the Noting of Registry and also from the stamp of appeal, it is apparent that appeal was preferred on 2nd May, 2024 but without certified copy of order. On receiving the objection of Registry, certified copy of impugned order was applied by applicant/appellant which was attested on 19th June, 2024 and received on that day and filed in Registry on 10th July, 2024. Registry has counted the period of limitation from the date of filing of certified copy of impugned order, whereas for calculating the period of limitation, date of filing of appeal would be relevant. Therefore, after counting the period from the date of passing of impugned order and filing of appeal, the appeal appears to be filed within limitation and this application, for counting the limitation period by the Registry erroneously, is disposed of with aforesaid observations. Application stands disposed of in aforesaid terms. FAO (OS) No. of 2025(FAO(OS)ST/35162/2024) Be registered. Respondent is duly represented by Mr. Ajay Kumar Dhiman, Advocate and seeks one week’s time to address the arguments on behalf of respondent. Time, as prayed, is granted. List for consideration before the appropriate Bench on 8th May, 2025. CMP No. _____of 2025(CMPST/13258/2024) Be registered. Notice in aforesaid terms. Reply, if any to this application, be filed in the meanwhile. As civil suit has been listed in the month of July, 2025 and main appeal has been listed for consideration on 8th May 2025, therefore, the prayer made in this application shall be considered on the next date. (Vivek Singh Thakur) Judge April 30, 2025 (Ranjan Sharma) (ms) Judge