PARTAP SINGH Vs. PARNAM SINGH

JUDGEMENT

(1.) Respondents No. 1 to 3 filed a civil suit for declaration and injunction that they are owners in possession of land in suit by adverse possession. The said suit was decreed by Sub Judge 1st Class, Amritsar and in consequence thereof, petitioner was restrained from interfering in the possession of respondents No. 1 to 3. Petitioner impugned the judgment and decree of the Sub Judge 1st Class, before the Additional District Judge, Amritsar. Since the appeal had been filed beyond the period of limitation, an application under Section 5 of the Limitation Act was also filed. On contest, the application was dismissed and consequently, the appeal too was dismissed. Order dismissing the application is being impugned here in this revision petition.

(2.) Having heard the learned counsel for the parties at some length, I am of the view that the revision petition deserves to succeed. In his application, petitioner explained the delay in the following terms:-

(3.) Consequently, the revision petition is allowed and the impugned order is set aside. The appeal shall now be taken on record by the District Judge, Amritsar, at its original number, who may either decide the same himself or entrust it to any other Additional District Judge, Amritsar, for decision.