STATE OF PUNJAB Vs. HANS RAJ

JUDGEMENT

(1.) Respondent file a suit against the defendant-petitioner herein) for declaration to the effect that the plaintiff was appointed as Horticulture Inspector and is entitled to the increments as per rules with effect from 11.11.1979, alleged to have been withheld by the defendant. He also sought consequential relief of mandatory injunction for a direction to the defendant release increments of the plaintiff as well as make payment of travelling allowance to which the plaintiff claimed that he was entitled to. The suit was partly decreed by the Sub Judge Ist Class, Dasuya vide order dated 22 5.1989. The defendant preferred appeal before the District Judge, Hoshiarpur who entrusted the same to the Additional District Judge, Hoshiarpur for decision. Along with the appeal, an application under Section 5 of the Limitation Act was filed for condonation of delay in filing the appeal. The delay in filing the appeal was only nine days. It was stated in the application that certified copy of the judgment and decree was applied for on 23.5.1989 which was prepared and delivered on 22.6.1989. On receipt of the copy, the District Attorney, Hoshiarpur sent the copy of the judgment to the office of the Legal Remembrancer on 1.7.1989. The sanction of filing the appeal was accorded on 21.7.1989. AW-1 Jai Chand Bagga, Accountant, Office of the Deputy Director, Department of Horticulture, Hoshiarpur deposed in support of the application that when he personally visited the office of the Legal Remembrancer on 21.7.1989, he was directed to come to take the file on 24.7.1989 as 22.7.1989 was holiday. On 24.7.1989, he was told that the file was lying with the Secretary for signatures. Ultimately, he obtained sanction from the office of the Legal Remembrance on 25.7.1989, which he handed over to the District Attorney, Hoshiarpur on 26.7.1989. Certified copy which was sent for taking sanction to file appeal was lying in the Office of the Joint Secretary, Department of Agriculture, Punjab Government and the said copy was made available on 30.7.1989. The appeal was filed on 31.7.1989. No witness was examined by the respondent in rebuttal to the evidence produced by the petitioner and, therefore, the only statement recorded was of the witness produced by the petitioner. The application was dismissed on the ground that the office of the Legal Remembrancer and Director, Prosecution and Litigation should not have allowed the limitation to expire and moreover, the said office is supposed to be well versed with the provisions of the Limitation Act. This order is being challenged in this civil revision.

(2.) After hearing the learned counsel for the parties, I am of the view that this civil revision deserves to succeed. It is true that the Act makes no distinction between the Government and the private individual. The Government is not entitled as a matter of right to seek condonation of delay under Section 5 of the Limitation Act but where the explanation given by the Government for filing the appeal after the expiry of the limitation is convincing, the Government is also entitled like any other common man to get the relief. The averments made in the application for condonation of delay and the statement of AW-1 Jai Chand Bagga, Accountant, Office of the Deputy Director, Department of Horticultural Hoshiarpur, who deposed in support of the application/do not indicate that the delay was deliberate on the part of the office of the Legal Remembrances either to obtain sanction to file appeal or for forwarding the certified copy of the judgment to the office of the District Attorney. In the facts and circumstances of the case, I find that the petitioner has successfully established on record sufficient cause for not preferring the appeal within the period of limitation and, therefore, is entitled to condonation of delay which is allowed subject to payment of costs of Rs. 500/- which shall be paid by the petitioner to the plaintiff.

(3.) Consequently, the civil revision is allowed and the order under revision is set aside.