RANJIT SINGH Vs. RALI KAUR

JUDGEMENT

(1.) PRESENT revision petition has been filed against the order passed by the learned Additional District Judge (Ad-hoc) Fast Track Court, Patiala vide which application moved by the petitioners under Section 5 of the Limitation Act for condoning the delay of 692 days in filing the appeal has been ordered to be dismissed.

(2.) THE petitioners sought condonation of delay of 692 days on the ground that the counsel representing the petitioners had informed them that the suit filed by them stood decreed and no further action was required to be taken. It was on account of the said fact that the petitioners did not take necessary steps to file the appeal before the learned lower appellate court and therefore, it was claimed that the delay has occurred due to wrong advice given by the counsel while handing over the copies of the judgment and decree passed by the learned trial Court. The application was contested by the respondents who took a plea that no ground for condonation of delay is made out in the application filed by the petitioners.

(3.) IN support of their case the petitioners examined AW1 Bhagwan Singh, one of the petitioners and AW2 Gurmeet Singh. AW1 Bhagwan Singh deposed that the suit was filed by him against Rali Kaur and others in the year 1985 which was said to have been decreed about 5 years back and his counsel had given him the photocopies after 2-3 months and said that the suit was decreed in their favour and therefore, there was no need to file an appeal. It was deposed in the evidence that about 2 and half years back when he met the counsel representing the petitioners in Patiala it was told that the execution was filed and it was at that stage when he was told that the sale deeds have not been set aside and thereafter he applied for the certified copies of the judgment and decree and the appeal was filed about 8/9 days after the receipt of the certified copies.