CHAMELI Vs. JOGINDER

JUDGEMENT

(1.) This application has been filed under Section 151 CPC for condonation of delay in refiling the appeal. Application is accompanied by an affidavit. In view of reasoning given in the application, it is allowed and delay of 37 days in refiling the appeal is condoned.

(2.) This application has been filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal. Application is accompanied by an affidavit. In view of reasoning given in the application, it is allowed and delay of one day in filing the appeal is condoned.

(3.) Predecessor-in-interest of the appellants filed a suit for possession by way of pre-emption of the land in dispute. His suit was dismissed. He also failed in appeal. Both the Courts below have noticed a fact that the land in dispute was purchased by the respondent, who belongs to a Scheduled Caste and in view of the Notification No. 213 R.I.B. 621026, dated February 23, 1962, the land purchased by a Scheduled Caste has been taken out of the purview of the Punjab Prememption Act. In view of facts of fact recorded by the Courts below, no case is made out for interference. Dismissed.