JAMMU DEVELOPMENT AUTHORITY Vs. BELI RAM

JUDGEMENT

(1.) We have heard Mr. Adarsh Sharma, learned counsel for the applicant/appellant, as well as Mr. A.V. Gupta, senior learned counsel for the respondent.

(2.) THERE is a delay of 177 days in preferring the LPA against the judgment and order dated: 11 -10 -1999 passed by the learned Single Judge and an application has been filed under Section 5 of the Limitation Act for condoning the delay. Notice was issued to the respondent and Mr. A.V. Gupta appeared and filed objections.

(3.) THE circumstances recited in the application by which the applicant/appellant prevented from preferring an appeal within time, are detailed in para 2 to 8 of the application. According to the applicant/appellant, the presence of his counsel has though been recorded in the order of the learned Single Judge, but, in fact, the counsel was not present and, thus, he was not aware of the passing of the judgment. The applicant/appellant came to know about the judgment in the last week of March 2000 and thereafter started collecting the relevant documents. That the original record file of the brother of respondent - 1 was misplaced when it was sent to the Secretariat several times by the applicant/appellant. On account of this reason that the applicant/appellant could not file objections to the writ petition. The file was, however, traced out by the applicant and sometime was consumed in collecting the Revenue Record and to relevant Government orders. That it was after examining the record thoroughly, the applicant decided to prefer an appeal against the judgment of the learned Single Judge dated 11 -10 -1999 and applied for the certified copy of the judgment. Lately, it was contended that the applicant/appellant being an autonomous body, and having collective responsibility, taken some time in deciding to prefer an appeal, due to which the delay had occasioned.