PUNJAB WAKF BORRD Vs. MALKHAN

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act for condoning the delay in filing the appeal. An affidavit of Shri Mohan Lal Gupta, Advocate, Ambala Cantt has been filed, wherein he has deposed that he was a counsel for Punjab Wakf Board, that he had employed Mr. Vijay Kumar son of Daulat Ram of Railway Colony, Ambala for maintaining the files and other miscellaneous work of the said Board; that he bad entrusted the briefs along with certified copies to his Clerk Vijay Kumar on 12th July, 1969 with the instructions that they be sent to Shri Man Mohan Singh, Advocate, for filing appeals in the High Court, that said Vijay Kumar disappeared from his office and did not attend his office subsequently; that he remained under the impression that the briefs had already been handed over to Shri Manmohan Singh, Advocate, for filing the appeals, but on enquiries from Shri Manmohan Singh, Advocate, he came to know that the briefs had not been received; that the said Vijay Kumar came back on 16th August, 1969 when he returned the files to him and that during this time the Appellant was pursuing the matter most vigilantly. It is stated in the application that the delay has been caused by factors beyond control of the Appellant.

(2.) Perusal of the affidavit of Shri Mohan Lai, Advocate shows that sufficient ground has been shown for the delay in filing the appeal and that there was no negligence on the part of the Appellant's counsel.

(3.) Accordingly this annexation is allowed and the delay in filling the appeal is hereby Condoned.