Tehal Singh vs Ajit Singh

M.S. Liberhan, J.—Counsel for the Petitioner relies upon Collector, Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, and contends that a liberal view should be taken while condoning the delay. There is no dispute with the proposition of law laid down by their Lordships of the Supreme Court.

The revision petition against an interim order passed by both the Courts below declining interim injunction is barred by 65 days. The only around urged by the Petitioner for the condonation of delay of 65 days is, that Tehal Singh Petitioner was 90 years of age and was undergoing treatment in Government Dispensary. It was further contended that he was unable to move, and now executed a special power of attorney on 18.4.1988. Resultantly, this revision petition is being filed on 26.4.1988.

Counsel for the Respondent contends that the Petitioner applied for the certified copy of the interim order after the expiry of 59 days and he could have taken appropriate steps to file the revision petition.

In spite of taking most liberal view I find no ground to condone the delay. The Petitioner executed a power of attorney and the attorney filed the revision petition. There is nothing on record to hold that the Petitioner was unable to move or was not himself prosecuting the case in trial Court. No notice of the affidavit can be taken as the same has not even been duly verified. The application has not been supported by any Legally valid affidavit.

Even on merits, there is not error of jurisdiction are any illegality committed in exercise of jurisdiction. A lawful order of a competent authority redeeming the land in dispute is being executed. I find no balance of convenience and irreparable loss in favour of the Petitioner.

Dismissed.