SHER SINGH Vs. IMPROVEMENT TRUST, YAMUNA NAGAR

JUDGEMENT

(1.) ALL these applications for impleading legal representatives (LRs) of some of the deceased respondents before the lower appellate court are allowed subject to all just exceptions.

(2.) SOME of the plaintiffs have filed this revision petition under Article 227 of the Constitution of India assailing order dated 31.8.2012 Annexure P/4 passed by the lower appellate court thereby condoning delay of 362 days in filing the first appeal by defendant no. 1 - Improvement Trust, Yamuna Nagar (respondent no. 1 herein -appellant before the lower appellate court).

(3.) PLAINTIFFS (who are respondents before the lower appellate court) filed reply Annexure P/3 to application Annexure P/2 and controverted the averments made in the application. It was pleaded that judgment and decree dated 28.2.2011 of the trial court were very much in the knowledge of defendant no. 1 since inception. It has been wrongly pleaded by defendant no. 1 in its application that the said judgment and decree came to its knowledge on 27.3.2012 only. On the contrary, Superintendent of defendant no. 1 -Improvement Trust had placed copy of judgment and decree dated 28.2.2011 of the trial court before Chairman of defendant no. 1 -Trust on 23.3.2011 vide note Annexure P/5 and the Chairman marked the matter for taking legal opinion and thereafter Advocate of defendant no. 1 -Trust gave opinion dated 20.4.2011 Annexure P/6 and therefore, there is no ground to condone the aforesaid long delay. I have heard counsel for the parties and perused the case file.