COLLECTOR OF BILASPUR Vs. SANTU

JUDGEMENT

(1.) This is an application under Section 5 of the Indian Limitation Act for condonation of delay in the preferment of miscellaneous First Appeal No. 14 of 1960. Applications for condonation of delay in the filing of Miscellaneous First Appeals Nos. 29 and 30 of 1960 have also been filed and for the sate of convenience, I propose to dispose of the three applications by this order.

(2.) The order of the learned Additional District Judge which has given rise to Miscellaneous First Appeal No. 14 of 1960, was announced on 80-11-1959. An application for obtaining a copy of the order was made on 16-12-1959 and was furnished to the appellants on 31-12-1959. The period of limitation for the filing of the appeal expired on 6-3-1960 which was a Sunday. The appeal was filed on 8-31960. It has been alleged in the affidavit filed along with the application under Section 5 of the Limitation Act that on receiving the copy of the order of the Court the Collector examined fee Merits "f the ease in consultation with the local Government Advocate and sent the certified copy of the judgment to the Executive Engineer concerned who after scrutiny returned the same on 5-3-1960. Thereafter the certified copy of the judgment was sent by the Collector to his counsel by a special messenger on 6-3-1960 which reached him late in the afternoon of the same day. He took one day in preparing the grounds of appeal and filed the appeal on 8-3-1960.

(3.) The orders which are the subject-matter of appeals Nos. 29 and 30 were respectively announced on 14-9-1959 and 18-9-1959. Applications for obtaining copies of the aforesaid orders were made on 9-11-1959 and were delivered on 201- 1960. The affidavits filed along with the applications in those cases reveal the following main facts. The appellant received the certified copies on 22-1-1960, consulted his counsel who submitted his opinion on 28-1-1960. On 5-2-1960 the appellant forwarded the necessary papers to the Executive Engineer. He examined the cases and forwarded the papers to the Director, Inspection and Control, on or about 10-2-1960. He in his turn forwarded the papers to the General Manager, Bhakra Dam on 12-2-1960 who consulted the Legal Remembrancer to Government Punjab on 23-2-1960. The latter forwarded the relevant papers to the appellant's counsel at Simla on 26-2-1960. On 27-2-1960 the appellant's counsel wrote to the authorities concerned to remit to him the requisite money for the expenses and to send power of attorney. The power of attorney and the R. T. R., presumably an abbreviation for Remittance Transfer Receipt were respectively received on 3-3-1960 and 11-3-1960 and the latter was encashed on 14-3-1960. Appeals were filed on 14-3-1960. Miscellaneous First Appeal No. 29 was filed 19 days and the other 15 days after the expiry of the period of limitation.