IN THE COURT OF THE DISTRICT & SESSIONS JUDGE, TIS HAZARI COURTS, DELHI
APPEAL NO. Appeal number OF Year of filing of the appeal
IN THE MATTER OF:
Appellant's name: APPELLANT
VERSUS
Respondent's name: RESPONDENT
APPLICATION ON BEHALF OF THE APPLICANT / APPELLANT UNDER SECTION 5 OF THE LIMITATION ACT, SEEKING CONDONATION OF DELAY IN FILING THE APPEAL
MOST RESPECTFULLY SHOWETH:-
1.That the applicant / appellant has filed the accompanying appeal against the impugned order dated Date of impugned order passed by the Court of Sh. Name of the Estate Officer, Estate Officer, Court and zone of the Estate Officer, Delhi, in Case No. Case number before Estate Officer, whereby the respondent was pleased to be directed to vacate the subject premises within fifteen (15) days, and the said appeal is pending disposal before this Hon'ble Court.
2.That the order of eviction under Section 5(1) of the Public Premises Act was passed by the Ld. Estate Officer on Date of eviction order, and the same was served upon the appellant on Date of service of eviction order.
3.That thereafter, the appellant immediately moved an application for review under Section 114 read with Order 47 Rule 1 of the C.P.C., on the ground that there were errors apparent on the face of the order.
4.That the review application was filed by the appellant on Date of filing review application; thereafter, on Date of being informed review not possible, the appellant was informed that the Ld. Estate Officer does not possess the power to review his own order. As a result, the appellant is filing the present appeal on Date of filing the appeal, and undertakes to withdraw the review application filed by him.
5.That the period from Start of court holidays to End of court holidays comprised the court holidays, as a consequence whereof the appellant is filing this appeal on Date of filing this application.
6.That there has been no intentional or deliberate delay on the part of the appellant in filing the appeal; the delay occurred solely on account of the filing of the review application.
7.That for the reasons stated above, the appeal could not be filed by the appellant within the prescribed period, and the said delay has been caused. The appellant is therefore filing the present application seeking condonation of the delay of Number of days of delay days in filing the appeal.
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow the present application and condone the delay of Number of days of delay days in filing the appeal before this Hon'ble Court, in the interest of justice.
Prayed accordingly.
DELHIAPPLICANT / APPELLANT
THROUGH
DATED: (Date of application)
ADVOCATES
Advocate's address,
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE, TIS HAZARI COURTS, DELHI
APPEAL NO. Appeal number OF Year of filing of the appeal
IN THE MATTER OF:
Appellant's name: APPELLANT
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Mr. Deponent's name, Proprietor of M/s. Deponent's firm name, New Delhi, who do hereby solemnly affirm and declare as under:-
1.That I am the Appellant (Proprietor of Deponent's firm name) in the above-mentioned petition and am, therefore, competent to swear this affidavit.
2.That the submissions as to facts made in the accompanying Application under Section 151 of the C.P.C. have been drafted by my counsel as per my instructions, and the facts stated therein are true and correct to my knowledge, while the legal submissions made therein are based on legal advice received and are believed to be true.
3.That the annexures annexed to the accompanying application are true copies of their respective originals.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT