High CourtsSingle Bench(2013) 10 P&H CK 0261

M/s. Devindra and Sons vs Director of Industries, Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 10 October 2013

HON’BLE JUDGES
Rajan Gupta, J
RESULT
Dismissed
CASE NUMBER
C.R. No. 6249 of 2013

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Judgment

3 paragraphs · 240 words

Rajan Gupta, J.—Present revision petition is directed against the order passed by lower appellate court whereby it has condoned the delay of 145 days in filing the appeal. Learned counsel for the petitioner has assailed the order. According to him, respondents did not furnish any plausible explanation for such huge delay. Same could not have been condoned by the lower appellate court.

2.

Heard.

3.

It appears that plaintiff filed a suit for permanent injunction to restrain the defendants and its agent from interfering in peaceful possession of the property as described in the plaint. On the basis of evidence led before the court, trial court found substance in case of the plaintiff and decreed the suit. Respondent-Department filed an application for condonation of delay after a lapse of 145 days. An application u/s 5 of the limitation act was moved for condoning the delay. Same had been condoned by the court below on the basis of grounds taken in the application. The court found that certain procedural delay took place within the department as matter was referred by District Attorney, Patiala to Director Prosecution and Litigation. The matter was, thereafter, sent to Administrative Department. Final decision to file an appeal was taken at the level of Government. Finding merit in the application, court accepted application u/s 5 of the Act. I find no infirmity with the order passed. No ground to interfere in revisional jurisdiction is made out. Dismissed.