IN THE COURT OF DISTRICT & SESSIONS JUDGE; TIS HAZARI COURT; DELHI.

APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXXXX                                            : APPELLANT

VERSUS

XXXXX                            : RESPONDENT

APPLICATION FOR AND ON BEHALF OF THE APPLICANT / APPELLANT UNDER SECTION 5 OF LIMITATION ACT, SEEKING CONDONATION OF DELAY IN FILING OF THE APPEAL.

MOST RESPECTFULLY SHOWETH :-

1.     That the applicant / appellant has filed the accompanying appeal against the impugned order dated XXXX passed by the Court of Sh. XXX, Delhi in case No. XXXX, was pleased to direct the respondent to vacate the subject premises within 15 days and same is pending for disposal in this Hon’ble Court.

2.     The order of eviction under Section 5 (1) of Public Premises Act has been passed by the Ld. Estate Officer on XXX which has been served to the appellant on XXX.

3.     Thereafter appellant immediately moved an application of review under Section 114 r/w Order 47 Rule 1 of C.P.C. on the error were apparent on the face of the order.

4.     That review of the order were filed by the appellant on XXXX, thereafter on XXXX appellant was informed that Ld. Estate Officer does not have any power to review, resulting appellant is filing the present appeal on XXXX appellant undertake to withdraw the review filed by the appellant.

5.     That since 16.01.2016 and 17.01.2016 court holidays; as such appellant is filing this appeal on XXXX.

6.     That there is no intentional and deliberate delay on the part of the appellant in filing of appeal same occurred due to filing of review.

7.     That due to above said reason the filing of the appeal has not been filed by the appellant within the time and delay has been caused and now the appellant is filing the present appeal for condone the delay in filing of appeal and may allow the present application and condone the delay of 4 days in filing of the appeal.

It is therefore respectfully prayed that this Hon’ble Court may be pleased to allow the present application and may be condoned the delay of 4 days in filing of the appeal before this Hon’ble Court, in the interest of justice.

Prayed accordingly,

DELHI                                             APPLICANT/APPELLANT

THROUGH

DATED

                        COUNSEL

IN THE COURT OF DISTRICT & SESSIONS JUDGE; TIS HAZARI COURT; DELHI.

APPEAL NO. ____ OF 2016.

IN THE MATTER OF :-

XXXX                                              : APPELLANT

VERSUS

XXXX                      : RESPONDENT

AFFIDAVIT

Affidavit of Mr. XXX, Proprietor of M/s. XXXX, XXXXX, New Delhi, do hereby solemnly affirm and declare as under:-

1.     That I am the Appellant (Proprietor of M/s XXXX) 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 C.P.C. has been drafted by my counsel as per my instructions and the facts are true and correct to my knowledge, while the legal submissions made therein are based on legal advice received and believed to be true.

3.     That the annexures annexed to the accompanying application are true to their respective originals.

DEPONENT

VERIFICATION :-

        Verified at Delhi on this ____, day of January, 2016 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