STATE OF HARYANA Vs. P.C. DHIMAN

JUDGEMENT

(1.) The present civil revision petition has been filed being aggrieved of impugned order dtd. 13/7/2018 passed by the District Judge, Kurukshetra (hereinafter referred as 'Appellate Court') dismissing the application of the petitioners under Sec. 5 of the Limitation Act, 1963 (for short 'the Act') for condoning the delay in filing the appeal.

(2.) In brief, the facts of the case are that the respondent was working as Junior Engineer in the office of Executive Engineer Construction Division No. 14, Kurukshetra. He retired on 31/7/2002, the Department paid Rs.40,160.00 as arrears of pay and Rs.6080.00 as arrears of leave encashment on 21/11/2014 on which interest was sought by filing a suit for declaration. The suit was decreed vide judgment and decree dtd. 5/9/2017, directing the defendants to pay interest @ 12% per annum on the delayed payment. The interest was to be calculated from the date of retirement till its realization.

(3.) Learned counsel for the respondent argued that no satisfactory explanation is forthcoming explaining each days' delay. The Appellate Court has rightly dismissed the application.