LAWS(P&H)-1999-5-48

ARJAN SINGH Vs. STATE OF PUNJAB

Decided On May 27, 1999
ARJAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By this common judgment I propose to dispose of CM No. 3171-CI/1997 in RFA No. 1883 of 1997, CM No. 3172-CI/1997 in RFA No. 1884 of 1997, CM No. 3173-CI/1997 in RFA No. 1885 of 1997 and CM No, 3174-CI/1997 in RFA No. 1886 of 1997 as the same raise common question of law. However, the judgment is being written in CM No. 3173-CI/1997 in RFA No. 1885 of 1997.

(2.) This regular first appeal is directed against the judgment and award of the learned Additional District Judge, Patiala dated 30.11.1993. The learned Additional District Judge enhanced the compensation payable to the claimants on the basis of earlier judgment of the Court in relation to same acquisition dated 24.12.1992.

(3.) The present appeal was instituted on 21.8.1997. As the appeal was patently barred by time it was accompanied by an application under Section 5 of the Limitation Act praying for condonation of delay of 3.5 years in filing the present appeal (C.M.NO.3173-C1 of 1997). Notice of this application was issued to the respondents who appeared, filed reply and seriously opposed the condonation of this delay. In this view of the matter the Court is obliged to consider the merits of the application under Section 5 of the Limitation Act and to determine whether the applicants are entitled to relief of condonation of delay or not.