STATE OF PUNJAB Vs. GURDIAL SINGH

JUDGEMENT

(1.) C .M. 3601-C of 1998 is an application for impleading the Legal Representatives of the deceased respondent. C.M. 4097-C of 1997 is an application for condonation of delay in filing the appeal. The counsel for the deceased respondent was already present to represent the Legal Representatives and has argued the case. C.M. 3601-C of 1998 is allowed. Legal Representatitives are, therefore, ordered to be brought on record subject to just exceptions.

(2.) THE respondent had filed a suit which was dismissed by the trial Court. However, the appeal over the same was allowed by the lower appellate Court on 11.5.1996. As per the averments in the application, the certified copy thereof was applied on 18.7.1996. The appellant claims that the last date for filing the appeal was 19.8.1996. Further contention of the appellant is that the Registrar of this court returned the appeal with one of the objections to the effect that the appeal was barred by 290 days.

(3.) ON 16.8.1996, the concerned department wrote to District Attorney, Hoshiarpur regarding filing of the appeal. It is also contended that on receipt of endorsement dated 30.10.1996 addressed by the Chief Engineer, Public Health, North, Patiala, Secretary to Government Punjab, Department of Public Health, Chandigarh, that the Chief Engineer has desired to attempt the appeal (emphasis supplied) because a similar writ petition filed against the the Government was dismissed on 16.7.1996.