- (1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 15.10.2010, Annexure P4, passed by learned Additional District Judge, Jalandhar, in case titled as Malkiat Singh and Anr. v. Balbir Singh and Ors. vide which application filed by Petitioners under Section 5 of the Limitation Act (hereinafter to be referred as 'the Act') for condonation of delay in filing the appeal has been dismissed and in consequence thereof, appeal filed by them has also been dismissed.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned appellate Court.
(3.) Facts relevant for the decision of present revision petition are that a suit for a decree for separate possession of property, fully described in the heading of the plaint, was filed by Respondents No. 1 and 2-Plaintiffs against present Petitioners-Defendants No. 1 and 2 and Respondent No. 3-Defendant No. 3 on the brief allegation that the said property was owned by Puran Singh son of Inder Singh, father of Plaintiffs and Defendants No. 1 and 2 and after the death of Puran Singh, the same was inherited by Plaintiffs and Defendants No. 1 and 2 in equal share to the extent of 1/4th share each. The property was joint and had not been partitioned so far, whereas Respondent No. 3-Defendant No. 3 alleged that he had purchased some portion of the said property from Defendants No. 1 and 2 and hence, he has threatened to raise construction over the same for which he has got no right.;