EXECUTIVE OFFICER, MUNICIPAL COUNCIL Vs. SARABJIT BHANDARI

JUDGEMENT

(1.) C .M. No. 12468-CII of 2005 This is an application under Section 5 of the Limitation Act for condoning of 21 days delay in filing the present revision petition.

(2.) IT has been averred in the application that after dismissal of the appeal by the learned Additional District Judge, Hoshiarpur, the matter was placed before the General House of the Municipal Council for seeking permission to file the present revision petition. It was on 29th of April, 2005 that a resolution was passed in the General House and a decision was taken to file the revision petition in the High Court. A certified copy of the order is said to have been received on 18.1.2005, which was supplied to the Municipal Council by the Advocate on 21.5.2005 when immediately appeal was filed. Thus, it was pleaded that the delay had occurred on account of procedural formalities. No reply to the application was filed. Consequently, this Civil Misc. application is allowed and delay of 21 days in filing the civil revision is condoned. Civil Revision No. 3291 of 2005 The present revision petition has been filed against the order dated 18.1.2005 passed by the learned Additional District Judge, Hoshiarpur, dismissing the application moved by the petitioners under Section 5 of the Limitation Act for condoning the delay in filing the appeal.

(3.) THE appeal against the said judgment and decree was preferred. Along with the said appeal an application under Section 5 of the Limitation Act was moved for condoning the delay of 53 days in filing the appeal. It was averred in the application that application for obtaining certified copy of judgment was made by the petitioners on 30.1.2004. The certified copy was prepared on 4.2.2004. The certified copy of the said judgment was collected by the Counsel for the petitioners on 9.2.2004.