RATTAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed against the order of the learned Single Judge dated 29th November, 1994 in Civil Miscellaneous No. 1911-C1 of 1994 in Regular First Appeal No. 1358 of 1994 dismissing the application of the appellants for condonation of delay.

(2.) THE appellants filed Regular First Appeal against the judgment of the Additional District Judge, Gurgaon in L. A. C. No. 97 of 1974 dated 3 1st July, 1978.

(3.) THERE , is no dispute about the fact that some appeals arising out of the judgment of the learned Additional District Judge, Gurgaon dated 31st July, 1978 in LAC No. 21/71-72 are pending in this Court. There appeals have not been decided as yet. The appellants are not solely relying on the ground for condonation of delay of the pendency of the appeals. Their main grievance is that they have been advised by-their counsel in the District Court that they would also get the same benefit which the appellants in the other appeals would get in the case of their appeals being allowed. This is the ground on which the appellants want condonation of delay in filing the appeal but, not, as already observed, on the basis of the appeals pending in this Court. In fact, the Full Bench of this Court in Smt. Tara Wanti's case (supra) has categorically stated that the application for condonation of delay has to be independently decided though the dismissal of another appeal with respect to the same notification may be a circumstance to be taken note of while deciding such application.