STATE OF HARYANA AND OTHERS Vs. VINOD KUMAR

JUDGEMENT

(1.) DEFENDANTS - State of Haryana and its officers have filed this revision petition under Article 227 of the Constitution of India impugning judgment dated 31.01.2012 passed by learned District Judge, Rohtak, thereby dismissing the petitioners' application for condonation of delay in filing first appeal and consequently, also thereby rejecting the first appeal as time barred. Suit filed by respondent -plaintiff, who is employee of defendants/petitioners, was decreed by the trial court, vide judgment and decree dated 30.03.2009 (Annexure P -1). Defendants filed first appeal against judgment and decree of the trial court and also moved application (Annexure P -2) for condonation of delay in filing the said appeal. The defendants alleged in the application that Legal Remembrancer (LR) and Secretary to Government Haryana opined that the case was not fit for filing of appeal. The said opinion was received in the office of defendant no. 3 on 14.05.2009, and thereafter, certified copies of judgment and decree of the trial court were collected by official of defendant no. 3 from District Attorney, Rohtak on 04.09.2009 and on examination thereof, it was found that 16 other helpers, who are senior to the plaintiff, would also claim similar benefit, resulting in financial loss to the defendants. Consequently, it was decided to file appeal against the judgment and decree of the trial court, resulting in delay of 236 days in filing the appeal.

(2.) THE application was resisted by plaintiff -respondent alleging that there was no justification for condoning the aforesaid delay in filing the appeal.

(3.) I have heard counsel for the parties and perused the case file.