LUDHIANA IMPROVEMENT TRUST Vs. BHAGWANTI AND ORS.

JUDGEMENT

(1.) This petition has been filed challenging the order dated 13.06.2008 whereby application moved by the petitioner seeking condonation of delay in filing the appeal, was dismissed. Learned counsel for the petitioner has submitted that the delay in filing the appeal was neither intentional nor deliberate. Infect, there had been lack of communication between the counsel for the petitioner-trust and the petitioner/trust Due to this reason, delay had occurred in filing appeal against the judgment/decree dated 03.12.2004 (Annexure P-3).

(2.) Learned counsel for the respondent, on the other hand has opposed the petition.

(3.) In the present case, plaintiff Bhagwanti had filed suit for mandatory injunction and permanent injunction directing the petitioner-trust to allot the plot measuring 150 sq. yards being local displaced person in the scheme circulated by the petitioner-trust. Petitioner-trust was proceeded ex parte and the suit filed by the plaintiff Bhagwanti was decreed vide judgment/decree dated 03.12.2004. Application filed by the petitioner-trust for setting aside the ex parte judgment/decree, was dismissed on 03.11.2004. Thereafter, appeal against the judgment/decree (Annexure P-3) was filed by the petitioner-trust alongwith an application for condonation of delay in filing the appeal. The plea taken by the petitioner-trust was that they had not been communicated by their counsel qua the proceedings in the case. Hence, the delay in filing the appeal cannot be said to be intentional or deliberate. Petitioner-trust had nothing to gain by not pursuing the case. Moreover, in case the delay in filing the appeal had been condoned by the Appellate Court, the appeal filed by the petitioner-trust would have been disposed of on merits. Accordingly, this petition is allowed. Impugned order dated 13.06.2008, whereby application moved by the petitioner seeking condonation of delay in filing the appeal, was dismissed and consequently, order dated 13.06.2008, whereby appeal was dismissed being time barred (Annexures P-6 and P-7, respectively) are set aside. Consequently, application moved by the petitioner-trust under Section 5 of the Limitation Act, 1963 is allowed and delay in filing the appeal, is condoned. Appellate Court is directed to dispose of the appeal filed by the petitioner-trust against the judgment and decree dated 03.12.2004 (Annexure P-3) on merits. Parties are directed to appear before the Appellate Court on 20.04.2015.