STATE OF PUNJAB Vs. ASHA RANI

JUDGEMENT

(1.) THIS Second appeal is filed to impugn the judgment dated 10.11.2003 passed by the Additional District Judge, Sangrur, THIS appeal, thus, has been filed with a delay of 1521 days. Application under Section 5 for condoning this delay is also filed. Notice in this application was issued. The respondents have filed reply, contesting the averments made in the application.

(2.) JUSTIFICATION to ask for condonation of delay is on the ground that earlier Civil Revision was filed against the judgment dated 10.11.2003, which was permitted to be withdrawn on 21.5.2007, with liberty to file the present Regular Second Appeal. Accordingly, it is stated that there is delay in filing the Regular Second Appeal. It is further disclosed that T.P.M to file the R.S.A against the judgment dated 10.11.2003 was sent to the District Education Officer on 11.1.2008. District Education Office then discussed the case with the office of Advocate General on 21.1.2008. Department prepared a draft reply and submitted to the office of Advocate General on 27.2.2008 and the Regular Second Appeal was filed on 8.4.2008. This was returned with an objection that the appeal was barred by limitation. The Department was then required to file an affidavit seeking condonation of delay. The draft was prepared and got wetted from the A.G. Office on 14.5.2008 and filed in the Court on 19.5.2008. The delay is, thus, explained to pray for condonation of the same.

(3.) THE amount in question and in dispute is Rs.71,587/-. This amount alongwith interest has already been paid and received by the respondents. THE amount was being claimed on account of medical reimbursement.