SATNAM SINGH ETC. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. It has been averred in the application that the applicants had engaged Shri Jasbir Singh Dhillon, Advocate, as their counsel. He had recently shifted from Karnal and started practice in the High Court. He studied the copy of the impugned order and informed the applicants that they could file the appeal by 18th of June, 1986. Relying on this advice of Mr. Dhillon, the applicants went back and after arranging for the money etc. come to Chandigarh and contacted Shri Dhillon on 3rd June, 1986. Shri Dhillon prepared the appeal and filed the same in the High Court on 4th June, 1986. It transpired that Shri Dhillon had committed a mistake in calculating the time for filing the appeal. The applicants bonafide believed that they had been correctly and properly informed regarding the time for filing the appeal. The applicants have not been in any way negligent in pursuing their remedy. This application has been signed by Shri Dhillon, Advocate.

(2.) NO reply has been filed by the respondent to this application. Since the delay in filing the appeal has occasioned on the erroneous advice tendered by a lawyer, the applicants cannot be made to suffer on that account. They have been vigilant in pursuing their remedy. There has been no laxity or negligence on their part.