MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order dated July 28, 1989, whereby the regular first appeal has been dismissed as barred by time.

(2.) The claimants - appellants filed a regular first appeal against the judgment of the District Judge, Gurgaon, passed on a reference under Section 18 of the Land Acquisition Act. The said appeal was barred by time by 105 days. It was stated inter alia in the application under section 5 of the Limitation Act, for condonation of delay that a large number of R.F. As., against the acquisition from the same notification of village Carterpuri have already been admitted by this Court. On such R.F.A. mentioned was R.F.A. No. 44 of 1989.

(3.) The learned counsel for the appellants submitted that since against this very notification under which the appellants' land was acquired, already R.F.A. No.44 of 1989 is pending for final hearing it itself was sufficient ground to condone the delay. In support of the contention, the learned counsel referred to Raghbir Singh v. State of Haryana, 1990 2 RRR 520. It was held therein that when other appeals arising out of the same notification were pending for adjudication, it was a sufficient ground for condonation of delay in such cases.