CPC Second Appeal Can’t Interfere With Orders Solely On Ground of Sympathy, Substantial Question of Law Must
Case: Bhagwan Singh V. Delhi Development Authority & Anr.
Coram: Justice C Hari Shankar
Case No.: RSA 28/2022, CM APPL. 13822/2022
Court Observation: “Section 100 of the CPC permits the Court to interfere only if there is a substantial question of law, which arises from the orders of the courts below. Absence the existence of any SQL, the Section 100 Court cannot interfere with the order under challenge solely on the ground of sympathy,”
“The application does not disclose the resources of the appellant or explain as to why they were insufficient to enable the appellant to file the appeal within time. Similarly, “heavy works” could hardly be said to be a sufficient ground to seek condonation of delay,”
“As per the averments in the present appeal, the appellant’s mother expired on 26th March, 2021, nearly two years after the date for filing the appeal before the First Appellate Court. No material to indicate that the appellant was unable to file the appeal within time in April, 2019, as he was involved in tending to his ailing mother, has been placed on record,”
“I am constrained, therefore, to dismiss the present appeal in limine as no substantial question of law arises therefrom. All miscellaneous applications are also disposed of,”
Previous Posts
Probate Shall Be Granted Only To an Executor Appointed By the Will: Gujarat High Court
Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court Download Judgement
Keywords
CPC, Second Appeal
