- (1.) Petitioners have filed this revision petition against contesting-respondents No.1 to 3 and other proforma respondents under Article 227 of the Constitution of India for setting aside the impugned order dated 15.02.2013 passed by learned Addl. District Judge, Jalandhar, vide which the application of the respondents under Section 5 of the Limitation Act is allowed and delay of 165 days in filing the appeal is condoned.
(2.) Notice of motion was issued and contesting-respondents appeared through their counsel and contesting the petition. The service of other proforma respondents was dispensed with. I have heard learned counsel for the parties and have gone through the record.
(3.) From the record, I find that there is delay of 165 days in filing the appeal by applicants-respondents No.1 to 3 and application under Section 5 of the Limitation Act was filed along with the appeal for condoning the delay. It is stated in that application that civil suit titled as 'Mohan Singh vs. Banta Singh' was pending in the civil courts at Phillaur. Banta Singh, grandfather of Sandeep Singh applicant/appellant No.1 had been attending the proceedings, who died in the year 2002 while father of applicants No.1 and 2 and husband of appellant No.3 namely Didar Singh died on 31.12.2001. At that time, applicant No.2 was minor and applicant No.1 was also in his earlier twenties. It is further stated in the application that after the death of father of applicants No.1 and 2, their grandfather Banta Singh took care of the applicants but he died in the year 2002. It is also stated that the counsel representing the applicants at Phillaur assured them that they would be informed when the case is posted for their evidence but applicants did not receive any intimation in this regard and applicants were prevented from adducing their evidence and the suit was decreed by the trial court and they came to know about he decree on 02.02.2009 when plaintiff along with Mohinder Singh and Jagtar Singh came to the village and started proclaiming that the Will and sale deeds have been set aside by the Court at Phillaur. Then applicants immediately went to counsel at Phillaur, from where it transpired that suit was decreed on 04.09.2008. Thereafter, applicants obtained copy of the judgment and decree and appeal along with application in question has been filed. In reply to this application, legal representatives of respondent No.1 except Piara Singh, appeared and filed reply to the application taking preliminary objections that the application is not maintainable as no cogent and convincing reason has been given for condonation of delay and the applicants have failed to explain the long delay and applicants were duly represented in the lower Court but were proceeded ex parte due to their non-appearance.;