SECRETARY REVENUE Vs. SARDAR VAKIL SINGH

JUDGEMENT

(1.) The applicants by this application under Section 5 of the Indian Limitation Act (hereafter referred to as the Act) have prayed for condonation of delay in filing an appeal agianst the judgment and decree dated 1.7.1999 passed by the learned District Judge, Chamba in Civil Appeal No.30of 1998.

(2.) It is averred in the application that the judgment sought to be impugned was passed on 17.7.1999, certified copies of the judgment and decree were applied for on the same day and were attested on 26.7.1999 and delivered on 31.7.1999. The District Attorney, Chamba recommended preferring of an appeal and sent the papers to the Collector, chamba on 5.8.1999. Having gone through the papers, the Collector, Chamba set the papers proposing the appeal to Jcint Secretary (Home) to the govt. of Himachal Pradesh on 9.8.1999. The papers remained pending with the Joint Secretary (Home) till 21.9.199(?) when he sent the same to the Advocate General, Himachal Pradesh who returned those 22apers to Collector1 Chamba on 4.10.1999. The Collector, Chamba then sent the papers of the proposed appeal to the Financial Commissioner (Revenue) on 15.10.1999 for obtaining sanction for filing the appeal and the Financial Commissioner (Revenue) returned the papers to collector, Chamba on 3.12.1999. Thereafter on 3.1.2000 the Collector, Chamba detailed Naib Tehsildar, Dalhousie for filing the appeal and it was pointed out by the Advocate General that certain formalities were to be observed and in the meantime the High Court was closed for winter vacations. Against this background, it is claimed that the applicants were prevented by sufficient cause in not filing the appeal in time.

(3.) This application is dated 5.4.2000 and has been filed on 29.4.2000 alongwith the memo of appeal which is dated 4.3.2000. The averments made in the application are supported by the affidavit of the then Collector, Chamba. This affidavit is dated 5.4.2000.