MAKHAN SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 5.2.2011, Annexure P1, passed by learned Additional Civil Judge, Phagwara, and order dated 19.7.2011, Annexure P2, passed by learned District Judge, Kapurthala, vide which appeal filed by petitioners has been dismissed on the ground of delay of 33 days.

(2.) I have heard learned counsel for the petitioners and have gone through the whole record carefully including the orders passed by both the learned Courts below.

(3.) At the time of argument it has been contended by learned counsel for the petitioners that he restricts his prayer in this revision petition to challenge only order passed by learned District Judge, Kapurthala, dated 19.7.2011, vide which appeal filed by present petitioners has not been decided on merit and rather the same has been dismissed on account of delay of 33 days in filing the same. It has been further contended that delay occurred as earlier revision petition was filed by petitioners against order dated 5.2.2011 passed by learned Executing Court on erroneous advice given to petitioners, whereas, the order was appealable and hence, appeal was filed alongwith an application for condonation of delay of 33 days. Hence, it is contended that there were sufficient grounds for condoning the delay of 33 days in filing the appeal and, however, learned appellate Court committed illegality in declining to condone the delay and dismissing the appeal on the ground of delay only.