JUDGEMENT
MEHINDER SINGH SULLAR , J. -
(1.) THE epitome of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the
record is that, initially the civil suit filed by
petitioner -plaintiff -appellant Partap Singh son of Harnam Singh (for
brevity ''the appellant '') for a decree of declaration with a consequential
relief of permanent injunction against the respondents -defendants -Swinder
Singh son of Roor Singh and others(for short ''the respondents ''), was
dismissed by the trial Court, by means of judgment and decree dated
21.07.2010(Annexure P -1).
(2.) AGGRIEVED thereby, the petitioner -appellant filed the appeal along with an application(Annexure P -2) for condonation of delay, under Section
5 of the Limitation Act. The Appellate Court dismissed the application for condonation of delay, by virtue of impugned order dated 19.12.2011.
The petitioner -appellant did not feel satisfied and preferred the present revision petition, to challenge the impugned order dated
19.12.2011, invoking the provisions of Section 115 CPC.
(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire
matter deeply, to my mind, the instant petition deserves to be accepted
in this context.;
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