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2025 DAILYLAW 7697 (HP)

Pyar singh v. Meena Kumari

CRMPM/453/2025 · 2025-07-29

Rakesh Kainthla

body2025

Judgment text

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Pyar Singh Vs. Meena Kumari Cr.MP(M) No.453 of 2025 Reserved on: 23.07.2025 29.07.2025 Present: Mr. Y. Paul, Advocate, vice Mr. Dinesh Sharma, Advocate, for the applicant/appellant. Cr. MP(M) No.453 of 2025 The applicant/appellant has filed the present application for condonation of 03 day’s delay in filing the appeal. It has been asserted that the applicant/appellant consulted the learned counsel in the second week of January, 2025, for filling the appeal; however, learned counsel informed the applicant that the Court is closed for winter vacations and he should come to Shimla on 24.02.2025 for filing the appeal. The applicant/appellant reached Shimla on 24.02.2025 in the morning and tried to contact his counsel. He found that the learned counsel was away from Shimla to get himself treated for a foot injury at Chandigarh. Learned counsel returned to Shimla on 25.02.2025. The appeal was filed immediately thereafter. The delay is not intentional but due to the circumstances beyond the applicant’s control. Hence, the application. 2. Heard. 3. The application for condonation of delay in filing of the appeal is duly supported by an affidavit. The contents of the application show that the delay occurred because of the injury to the learned counsel, which is a circumstance beyond the control of anyone. The applicant/appellant cannot be penalised for the injury sustained by his learned counsel; therefore, sufficient cause is made out for condoning the delay. 4. Consequently, the present application is allowed, and the delay of 03 days in filing the appeal is ordered to be condoned. The present application stands disposed of. CRAST No.1357 of 2025 In view of the order passed in Cr.MP(M) No.453 of 2025, the delay in filing the appeal has been condoned. Appeal be registered. The record has been received. List the matter for consideration after two weeks. (Rakesh Kainthla) Judge 29th July 2025 (Shamsh Tabrez)