LAWS(P&H)-1998-11-31

KULWANT SINGH Vs. KULDIP SINGH BHATTAL

Decided On November 19, 1998
KULWANT SINGH Appellant
V/S
KULDIP SINGH BHATTAL Respondents

JUDGEMENT

(1.) This o revision is directed against the order dated 18.4,1998. The facts though failing in a narrow compass but gives rise to two different revisions one RSA which have been filed by the same petitioner in relation to the same dispute.

(2.) Plaintiff Kuldip Singh Bhattal filed a suit for declaration challenging the seniority list prepared by the department. He raised a claim that he was senior to defendants No. 4 to 6. Defendants No. 3, 4 and 6 were proceeded against ex-parte in the suit while name of defendant No. 5 was deleted. Kulwant Singh was one of the defendants in the suit. The suit was decreed in favour of the plaintiff in the suit. The State of Punjab, impleading all other six defendants as proforma parties, filed an appeal and impleaded Kuldip Singh Bhattal (Plaintiff)as the contesting respondent. This appeal is pending before the Court of competent jurisdiction i.e. the learned Additional District Judge, Chandigarh.

(3.) In the meanwhile Kulwant Singh, present petitioner, filed his own appeal but the said appeal was barred by time and was, therefore, accompanied by an application under Section 5 of the Limitation Act. The application under Section 5 was dismissed by the learned first Appellate Court on 25.1.1997. While the application under Section 5 was dismissed, it appears that no effective order was passed on the appeal. Against dismissal of the application under Section 5 of the Limitation Act, the present petitioner filed another revision being civil revision No. 2514 of 1998 before this Court. In that revision petition it was contended by the present petitioner that the order dated 25.1.1997 is liable to be set aside as the learned First Appellate Court ought to have condoned the delay of 300 days in filling the appeal. No notice was issued on this civil revision No. 2514 of 1998 but the same was being heard along with the present civil revision.