(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside orders dated 20.8.1998, Annexure P6 and 12.8.2009, Annexure P7, vide which application dated 18.10.2000 for restoration of appeal filed by present Petitioner-Appellant was dismissed by learned Additional District Judge, Kapurthala.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned orders passed by learned Additional District Judge, Kapurthala.
(3.) Brief facts relevant for the decision of present revision petition are that present Petitioner-Appellant had instituted a civil suit for declaration to the effect that the functionaries of the State Government in the Revenue & Rehabilitation Department while passing orders dated 11.4.1989, 7.11.1988, 17.3.1986, 18.12.1985, 18.3.1985 and 26.2.1983 have not acted with conformity with the fundamental principles of Judicial Procedure by not complying with the particular provisions of the Punjab Package Deal Properties (Disposal) Act, 1976, while cancelling the sale of 77K-11M of land in favour of Plaintiff and delivering Malkana possession of 52k-2M to Defendant No. 7-Respondent No. 7, and the orders are not binding on the Plaintiff with consequential relief for mandatory injunction directing the Defendants to put the Plaintiff back in possession of the said land. Suit was contested by Respondents-Defendants and, however, the same was dismissed by learned trial Court vide judgment and decree dated 5.8.1995. Petitioner preferred an appeal on 6.10.1995 through his counsel Shri P.C. Ved, Advocate, Jalandhar, against the aforesaid judgment and decree before the Court of Additional District Judge, Kapurthala, alongwith an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. However, application as well as the appeal has been dismissed in default by learned Additional District Judge, Kapurthala, vide impugned order dated 20.8.1998, which reads as under: