Court No. - 33
Case :- FIRST APPEAL FROM ORDER No.4513 of 2018 Appellant :- Kishan Lal Bharadwaj Respondent :- Deepak Kamra (Since Deceased) And 2 Others Counsel for Appellant :- Vinayak Mithal
Hon'ble Dr. Kaushal Jayendra Thaker, J.
1. Heard Sri Vinaya, Mithal, learned counsel for the appellant and learned counsel for the respondent.
2. By means of this appeal, the appellant challenges the judgment and award dated 17.11.2018 passed by District Judge, Meerut, in Civil Appeal No. 211 of 2017 (Kishan Lal Vs. Deepak Kamra).
3. The appellate court should not have taken the over hyper technical ground is the submission of Sri Vinayak Mithal. It is submitted that substitution application was belated only 15 days qua sole respondent. Had the appellate court taken practical view of the matter, the parties would not have been obliged to come to this Court? The Supreme Court in Balwant Singh Vs. Jagdish Singh, AIR 2010 SC 3043, reads about exorbitant delay and not only minor delay. Learned Judge instead of wasting 5 pages in rejecting the application 11-C should have allowed the same.
4. The appeal is allowed. The order dated 17.11.2018 is quashed. If the District Judge, Meerut, is in service, a copy of this order be served to him wherever he is serving, to be more cautious for minor delay.
5. The appeal before the first appellate court is ordered to be restored to file which shall be decided on merits after notice to the substituted heirs of the sole deceased.
Order Date :- 26.7.2019 Irshad