2013 (4) ADR 462

Delhi High Court

Hon'ble Judge(s): Veena Birbal , J

( A ) Limitation Act (36 of 1963) S. 5 — Civil P. C. (5 of 1908), O. 41, R. 3A — Application for condonation of delay in filing appeal — Maintainability — Application not accompanied by application under O. 41, R. 3A — Non-filing of application under O. 41, R. 3A does not take away power of Court to condone delay under S. 5 — Delay only of 2 days for which sufficient cause stated — Alternatively, after excluding time spent in obtaining certified copy of judgment/ decree, appeal filed within period of limitation — Application for condonation of delay maintainable. AIR 1979 Delhi 26, Relied on. (Paras202122)

( B ) Specific Relief Act (47 of 1863) S. 6 —Suit for possession — Issue of adoption of defendant by plaintiff — Cross-examination — Finding of trial court that defendant not adopted by plaintiff — No appeal or cross-objection filed against said finding — Entire evidence suggested that defendant neither was treated nor acted as adopted son — Entire documentary evidence showed name of natural father and not adoptive father — Defendant even failed to prove having contributed to purchase of property — Suit for possession decreed in favour of plaintiff. (Paras3032)

( C ) Civil Procedure Code (5 of 1908) O. 20 , R.12 — Pendente lite and future mesne profits — Grant of — Evidence to show that similar type of property would fetch Rs. 2000/- p.m. as charges for use and occupation — No contrary evidence — Sufficient evidence placed on record — Inquiry not required — Specific prayer in plaint for grant of mesne profits making evidence admissible —Pendente lite and future mesne profits rightly granted.