Mahendra Singh vs Anna

In the available circumstances, the presence of respondent No. 1 and 2 is not required. Hence, notice of this petition is hereby dispensed with. Heard on IA No. 2875/13, petitioners application u/s 5 of Limitation Act for condoning the delay in filing the petition, as the same is filed barred by 121 days. For the reasons stated in it, we are satisfied that sufficient cause is made out to condone the delay. Consequently, IA is allowed and the alleged delay in filing the petition is hereby condoned.

Heard on the petition.

The appellants of Misc. Appeal No. 610/09 decided by the Single Bench vide order dated 30.1.2013, has filed this review petition with a prayer to send the original medical certificate of the applicant No. 3 Shyamoo to the Tribunal, so the applicants by adducing the evidence may prove the same.

The order under review has been passed by the Bench, which is not available at Gwalior. Hence, this mater is placed before us. Having heard the counsel keeping in view their arguments after perusing the aforesaid order whereby allowing the appeal of the petitioners in part the case has been remitted back to the Tribunal to decide the claim afresh. It is apparent from such order while directing to remand the matter, the direction to send the documents filed by the petitioners along with the application under Order 41 Rule 27 of CPC at the appellate stage to the Tribunal was not given. In the available circumstances, such documents are not only relevant but necessary. Hence, by allowing the review petition office is directed to send all the documents filed by the petitioners along with aforesaid application of Order 41 Rule 27 of CPC from the record of aforesaid Misc. Appeal by retaining its photocopy in record, to the Tribunal within fifteen days and Tribunal is directed to extend the opportunities to the parties to adduce the evidence with respect of such documents.