GURDEV SINGH SEHMBY Vs. LUDHIANA IMPROVEMENT TRUST

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 9.12.2011, passed by Additional District Judge, Ludhiana, whereby in an application filed by the respondent-Ludhiana Improvement Trust (for short, 'the Trust') along with appeal seeking condonation of delay in filing the appeal, the delay was condoned.

(2.) The facts of the case, in brief, were noticed by this court in order dated 14.2.2012, are extracted below:

(3.) Learned counsel for the petitioner submitted that in view of the observation made by this court in paragraph No. 13 of the order dated 14.2.2012, the delay in filing the appeal did not deserve to be condoned. Once the proceedings in the trial court were in knowledge of the officers/officials of the Trust, merely by filing a false affidavit that they came to know about the proceedings only when notice in execution was received, in fact, the Trust deserved to be penalised instead of giving the benefit of condonation of delay in filing the appeal. The cause shown by it was not sufficient. There is no finding recorded by the court below to that effect. In the absence thereof, the impugned order suffers from material illegality and deserved to be set aside. In support of the submissions, reliance was placed upon Pundlik Jalam Patil (D) by Lrs. v. Exe. Eng. Jalgaon Medium Project and another, 2008 4 RCR(Civ) 885.