SUNDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has challenged order dtd. 30/11/2022 passed by the learned Additional District Judge, Sarkaghat, District Mandi, H.P. in CMA No. 233 of 2021, whereby the application of the respondent under Sec. 5 of the Limitation Act has been allowed.

(2.) The Assistant Collector, 1st Grade, Sarkaghat, District Mandi had passed a decree dtd. 3/5/2018 in favour of the petitioner and against the respondent. The appeal against the aforesaid decree was not preferred by the respondent within time prescribed by law of limitation and the same was filed after a delay of 1030 days in the Court of learned District Judge, Mandi, which was assigned for disposal to learned Additional District Judge, Sarkaghat, District Mandi.

(3.) The petition was accompanied by an application under Sec. 5 of the Limitation Act, seeking condonation of delay. It was averred that the certified copy of decree passed by the Assistant Collector, 1st Grade, Sarkaghat was received by the respondent on 5/6/2018. The matter was examined by the department and it was opined to assail the decree in appeal. It was also averred that the delay in filing the appeal has occurred on account of reasons, firstly that the department was engaged in election duties for parliamentary election and secondly, onset of Covid-19 Pandemic had caused the delay.