HARDAYAL KAUR Vs. UNION TERRITORY AND ORS.

JUDGEMENT

(1.) THE application bearing CM No. 2491 of 2015 has been filed under Section 5 of the Limitation Act, 1963 (here -in -after referred to as the "Limitation Act") for condonation of delay of 4330 days in filing the application bearing CM No. 2492 of 2015 for restoration of the writ petition, dismissed on account of non -prosecution on 10.04.2003.

(2.) IN brief, the writ petition was filed by Hardayal Kaur wife of late Shri Gurcharan Singh, challenging the order dated 28.03.1990 (Annexure P -3), passed by the Adviser to the Administrator, Union Territory, Chandigarh, exercising the power of the State Government, under the Capital of Punjab (Development and Regulation) Act, 1952 (here -in - after referred to as the "Act") by which, order passed by the Estate Officer, Chandigarh, under Section 8 -A of the Act, resuming the site in question was upheld. The writ petition was filed through Virinder Mittal and Kamal Sharma, Advocates. Shri Kamal Sharma, Advocate represented the petitioner Hardayal Kaur in the writ petition, which is evident from all the orders passed by this Court till the writ petition was admitted and operation of the resumption order was stayed and it was on April 10, 2003, because of non -appearance of the petitioner, the writ petition was dismissed for non - prosecution. The exact order passed by this Court is as under: -

(3.) ALTHOUGH as per Article 122 of the Limitation Act, the limitation is 30 days, from the date of dismissal, for the purpose of filing an application for restoration but the present application has been filed after a delay of 4330 days.