M.C. THANESAR Vs. SONA RANI

JUDGEMENT

(1.) Heard. Smt. Sona Rani, filed a suit against Municipal Committee, Thanesar, seeking a decree of permanent injunction restraining the Committee from raising any kind of construction on the suit property and, changing the nature of the said property into a park or anything else thereon by taking possession and from dispossessing the plaintiff from the suit property described in the plaint. The suit was contested by the Committee. Ultimately, the suit was decreed by the trial Court vide its judgment and decree dated 6th June, 1997. The Committee filed an appeal before the First Appellate Court i.e. the Court of Addl. District Judge, Kurukshetra. The appeal was time barred. The Committee also filed an application under section 5 of the Limitation Act. The first Appellate Court vide order dated 12th March, 1999, dismissed the appeal as well as the application under section 5 of the Limitation Act, by holding that the appeal was hopelessly barred by time. Aggrieved by the order of the first Appellate Court, the Committee filed revision No. 3280 of 1999. This revision was dismissed by the High Court on 3rd December, 1999. The Committee approached the Honourable Supreme Court, which vide order dated 10th Nov., 2000 set aside the order of the High Court by observing as follows :

(2.) Since the Honourable Supreme Court has allowed the application under section 5 of the Limitation Act, for condonation of delay, no scope is left for the High Court to re-register the main revision itself and directions are given to the first Appellate Court to re-register the appeal to its original number and decide the same on merits after giving notice to the plaintiff/respondents. As the Honourable Supreme Court has also allowed the application under Sec. 5 of the Act, the learned counsel for the petitioner is directed to appear before the first Appellate Court on 5th Feb., 2001. The main appeal shall also be disposed of by the first Appellate Court within six months from the date of receipt of the copy of this order according to law and after giving notice to the plaintiff. Copy of the order dasti.