C.R. No. 3432 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3432 of 2009 Date of Decision: December 3, 2009 Sahab Ram …..Petitioner Vs. Mehar Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.J.S. Bhatia, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Suit of the plaintiff- respondent for recovery was decreed by the trial Court on April 9, 2007. Appeal filed by the defendant- petitioner before the Additional District Judge, Jind, has been dismissed being barred by time by dismissing the application under Section 5 of the Limitation Act, observing that over-sympathetic approach to condone the delay in filing of appeal would result in harm to the contesting party as such the delay of 37 days in filing of the appeal is not condoned disbelieving the medical C.R. No. 3432 of 2009 [2] certificates produced by him regarding his illness. Suit of the plaintiff- respondent is based upon pronote and receipt. The respondent- plaintiff has not put in appearance despite having been served. After considering all the facts and circumstances of this case, I am of the considered opinion that the delay in filing of the appeal could have been condoned in the present case as the petitioner had been able to establish some good grounds though not sufficient enough to explain 37 days delay in filing of the appeal. The respondent could have been compensated with costs for the prejudice being caused to the plaintiff- respondent. Such an approach could have permitted the petitioner to have the adjudication of the matter on merits, he having filed the appeal affixing requisite Court fee etc. Though no infirmity can be found in the impugned order but at the same time, in the interest of justice to enable the petitioner to have the matter decided on merits by availing the statutory right of first appeal, the delay in filing of the first appeal can be condoned. The Apex Court in Ram Nath Vs. Goverdhan Sahu, 2002 (2) PLR 649 has held that acceptance of explanation furnished should be the rule and refusal an exception. The revision petition is allowed. The delay of 37 days in filing of the appeal is condoned subject to payment of costs of Rs.20000/-. In case the petitioner deposits a sum of Rs.20000/- as costs alongwith an application for taking up the case, the lower Appellate Court will take up the appeal after issuing notice to the respondent. The respondent has opted not to appear before this Court as such the petitioner has been directed to C.R. No. 3432 of 2009 [3] deposit the costs alongwith his application for taking up the appeal on merits. It is observed that in case no application is moved within a period of one month from today, this revision petition will be deemed to have been dismissed. December 3, 2009 (M.M.S.BEDI) sanjay JUDGE