THE STATE OF PUNJAB Vs. LACHHMAN SINGH

JUDGEMENT

(1.) THIS is an application by the State of Punjab under Section 5 of the Limitation Act for condoning the delay in filing R.F.A., 136 of 1986 (Punjab State v. Lachhman Singh). The appeal is directed against an award made by the learned Additional District Judge, Hoshiarpur, under Section 18 of the Land Acquisition Act.

(2.) THE award was made on 5th August, 1965. The application for a certified copy thereof was made on 20th September, 1965. It was delivered to the Applicant on 14th December, 1965. The appeal was presented in this Court on 2nd February, 1966. The application under Section 5, Limitation Act, contains an averment that limitation for filing the appeal had expired on 28th January, 1966. The reasons for not presenting the appeal on that day, as contained in the said application are:

(3.) MESSRS K.R. Beri and Company v. The Employees State Insurance Corporation, I.L.R. (1961) 2 P&H 721. In this decision, after noticing two earlier cases of this (Court in the Union of India v. New India Constructors Delhi, A.I.R. 1955 P&H 172, and Union of India v. Ram Kanwar, I.L.R. 1958 P&H 960, the Bench considered it difficult to state as a general rule that delay in Government offices can never constitute a relevant consideration in determining the sufficiency of a cause for condoning delay and indeed, according to the Court, each case must depend on its own circumstances for coming to a decision as to how far a litigant had been reasonably diligent in prosecuting his case. The last decision cited by Shri Mittal is Ramlal and Ors. v. Rewa Coalfields : A.I.R. 1962 S.C. 361, (Gajen -dragadkar, J., (as he then was) and Wanchoo, J.), head -note (a) of which is in the following terms: