RAKESH KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the present petition impugning the order dated 26.2.2015, passed by the learned court below, whereby the application filed by the petitioner for restoration of the appeal, which was dismissed as time -barred on 17.11.2014, was dismissed.

(2.) LEARNED counsel for the petitioner submitted that the petitioner filed a suit challenging the order passed by the Authorities, whereby he was removed from service invoking the provisions of Article 311(2)(b) of the Constitution of India. The suit was dismissed by the trial court vide judgment and decree dated 11.3.2014. Against the judgment and decree of the learned trial court, the petitioner preferred appeal before the lower appellate court, which was delayed by one day. The delay was condoned vide order dated 28.5.2014 subject to payment of Rs. 500/ - as cost. As the amount of cost could not be deposited, the appeal was ordered to be dismissed as time -barred on 17.11.2014. The application was filed for restoration of the appeal on the plea that the order passed by the court condoning the delay in filing the appeal subject to payment of cost could not be conveyed to the petitioner, hence, the cost could not be deposited in time. The restoration application was dismissed by the court below vide impugned order dated 26.2.2015 opining that the court does not have the power to enlarge the time in view of the bar provided in Section 148 CPC. The submission is that the view expressed by the court below is contrary to the law laid down by Hon'ble the Supreme Court in Salem Advocate Bar Association, T. N. v. Union of India, : (2005) 6 SCC 344.

(3.) HEARD learned counsel for the parties and perused the paper book.