SHARDA SHARMA Vs. ANAND KANWAR AND ORS

JUDGEMENT

(1.) The office has reported that this appeal is barred by time. The petitioner has filed an application under Section 5 of the Limitation Act in which he has averred that the impugned order was passed on 22.1.1997 and he applied for the copy on 14.3.1997 and 15.3.1997 was fixed for delivery of the copy but it was not delivered to him on that date. A notice was pasted on the notice Board on 22.3.1997 that the copy was ready. However, the copy was delivered on 11.4.1997.

(2.) I have heard the learned Counsel for the parties. In Surja Ram v. Kishan Lal,1994 1 RCJ 427, it has been held by this Court that the petitioner is entitled to the exclusion of period taken in the preparation of copy. In that case, the decision of this Court in Mool Chand Soni v. Virendra Kumar,1981 WLN(Raj) 70 was also referred to.

(3.) I have perused these authorities and I am also in agreement with the view taken by this Court in Surja Ram's case (Supra). I hold that this revision petition has been filed within the period of Limitation, Office to proceed.