NOTIFIED AREA COMMITTEE Vs. BISHAN DASS AND ORS.

JUDGEMENT

(1.) The revision-petition is against the order of the Additional District Judge, Ropar dated 17.12.1991 whereby the petitioners' application for condonation of delay in filing the appeal has been declined.

(2.) Briefly put, Notified Area Committee, Naya Nagal feeling aggrieved by the interim order granted by Sub-Judge I Class, Ropar, filed an appeal in the court of the Additional District Judge, Ropar. Alongwith the appeal, an application Under section 5 of the Limitation Act was filed for condonation of delay. As has come on record, the petitioners applied for copy of order dated 5.10.1990 of Sub Judge I Class, on Oct. 10, 1990. Certified copy of the same was prepared and delivered on 19.10.1990. However, the appeal was filed before the District Judge on 19.11.1990. The reason assigned for the delay in filing the appeal were that on account of prevailing unrest in the State of Punjab there has been a communication gap between the authorities and the persons looking after the case. Since the petitioner is to act on the basis of resolution, the same was got passed by the Notified Area Committee and necessary steps were necessitated but despite all these measures it still resulted in late filing of the appeal by 10 days. The Additional District Judge, however, came to the conclusion that each days' delay has not been explained and so dismissed the application. Hence the present revision-petition.

(3.) Learned counsel for the petitioner besides reiterating the ground which somehow did not find favour with the Additional District Judge, further contended that expression 'sufficient cause' was quite elastic and ought to have been construed in a manner which would advance the cause of justice.