PARTAP SINGH Vs. SWINDER SINGH

JUDGEMENT

(1.) THE epitome of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record is that, initially the civil suit filed by petitioner -plaintiff -appellant Partap Singh son of Harnam Singh (for brevity ''the appellant '') for a decree of declaration with a consequential relief of permanent injunction against the respondents -defendants -Swinder Singh son of Roor Singh and others(for short ''the respondents ''), was dismissed by the trial Court, by means of judgment and decree dated 21.07.2010(Annexure P -1).

(2.) AGGRIEVED thereby, the petitioner -appellant filed the appeal along with an application(Annexure P -2) for condonation of delay, under Section 5 of the Limitation Act. The Appellate Court dismissed the application for condonation of delay, by virtue of impugned order dated 19.12.2011.

(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the instant petition deserves to be accepted in this context.