498a Fighter (u) 14 May 2012

Complaint case - could not appeal due to cancer- now can i

I AM A CANCER PATIENT AND UNDERGOING TREATMENT SINCE LAST 1 YRS OUT OF WHICH I BEEN BEDRIDDEN WHOLE 9 MONTHS DUE TO TREATMENT.

IN JUNE 2011 WHEN ONE OF MY COMPLIANT CASES AGAINST THE BUILDER CAME FOR HEARING IN FARIDABAD, THE JUDGE REJECTED MY CASE AND SAID NO FIR IS REQUIRED AS NO CHEATING IS SEEN. THE FILE SPEAKS THAT IT A FIT PRIMA FACIA CASES AGAINST THE BUILDER WHO SOLD ME THE ROOF OF THE 2^ND FLOOR OF THE HOUSE WITH MY GROUND FLOOR PROPERTY AND MY 1^ST FLOOR PROPERTY LATELY HE ALSO SOLD THE ROOF OF 2^ND FLOOR TO THE 2^ND FLOOR OWNER JUST BY WRITING ON HIS COMPANY LETTER HEAD WHILE ON MY GROUND FLOOR BUILDER -AGREEMENT EXCUSIVE RIGHT OF 2^ND FLOOR IS MENTION.

NOW AS MY COMPLAINT CASE IS REJECTED ABOUT A YEAR BACK AND I COULD NOT APPEAL DUE TO MY ILLNESS, IS THERE A CHANCE I TAKE THE MATTER TO D&S JUDGE, FARIDABAD NOW ALONG WITH MY MEDICAL HISTORY.

I HAVE A VERY STRONG CASE IN MY FAVOUR, ITS BEC OF MY SUDDEN CANCER I COULD NOT FIGHT BACK, NOW I AM RECOVERING SO I SHOULD.

PLS ADVICE LEGAL WAY-OUT TO MY CRISES,

REGARDS

RAJESH

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 May 2012

In case an appeal could not be filed within limitation, the appellate court can condone the delay if it is satisfied that the appellant was prevented by some sufficient cause from filing the appeal. So, you can file the appeal in the appellate court along with an application for delay condonation stating reasons with proof of it.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 May 2012

Dear Mr.Rajesh,

Depending on the stage at which your case came to be rejected - you can file an appeal/revisions accompanied with an application u/s 5 of the Limitation Act, 1963 for condonation of delay. You have to show a ''sufficient cause' in order to get the delay condoned, and your cause is more than sufficient and since there is no negligence/lack of good faith on your part - expect the court to interpret 'sufficient cause' liberally and grant you the exception.

Feel free to talk !

Regards,

Bharat

Advocate