PUNJAB STATE ETC Vs. ONKAR NATH

JUDGEMENT

(1.) This regular first appeal preferred by the State of Punjab is directed against the judgment dated 30th October, 1995 passed by the learned Additional District Judge, Hoshiarpur. Vide this judgment the learned Additional District Judge relying upon L.A. case No. 21 of 1994 against the same acquisition enhanced the compensation from Rs. 5,528/- to Rs. 25,000/- per acre in respect of the barani land and from Rs. 2,820/- to Rs. 12,500/- per acre in respect of the Banjar Qadim land.

(2.) This appeal was filed on 20th May, 1997 and the same was returned by the Registry with the objection that the appeal was barred by time and was not accompanied by an application under Section 5 of Limitation act. The appeal was re-filed accompanied by the application under Section 5 of the Limitation Act on 15th October, 1997. However, again the appeal was returned by the Registry because there was delay in re-filing the appeal also. Thereafter the appeal was re-filed alongwith other application on 20th November, 1997.

(3.) In view of the above circumstances, it is inevitable for this Court to consider the application under Section 5 of the Limitation Act being Civil Misc. No. 4214-CI of 1997 before considering the merits of this appeal. Consequently, I would proceed to first dispose of this Civil Misc. application.