- (1.) Respondents No. 1 to 3 filed a civil suit for declaration and injunction that they are owners in possession of land in suit by adverse possession. The said suit was decreed by Sub Judge 1st Class, Amritsar and in consequence thereof, petitioner was restrained from interfering in the possession of respondents No. 1 to 3. Petitioner impugned the judgment and decree of the Sub Judge 1st Class, before the Additional District Judge, Amritsar. Since the appeal had been filed beyond the period of limitation, an application under Section 5 of the Limitation Act was also filed. On contest, the application was dismissed and consequently, the appeal too was dismissed. Order dismissing the application is being impugned here in this revision petition.
(2.) Having heard the learned counsel for the parties at some length, I am of the view that the revision petition deserves to succeed. In his application, petitioner explained the delay in the following terms:- "2. That the appellant had instructed the clerk of his counsel, Sh. R.K. Aggarwal, Advocate, who conducted the case in the trial court to obtain the copy of the judgment and decree on the vary date, the judgment was pronounced by the court. But the clerk applied for the certified copy very late. The appellant is living in an area which is surrounded by the terrorists and on account of terrorists activities, he could not move out from his house. He remained confined to his house and could not due to terrorist activities and gherao of the house of the appellant by the unwanted elements. Not only that, respondents No. 4 to 9 also left the appellant in lurch and colluded with the respondent No. 1 to 3 and thus the appellant could not present his appeal within time. There is sufficient cause for the condonation of the delay in filing the appeal." This explanation was not accepted by the Additional District Judge on the ground that there is no cogent evidence on the file to show that the petitioner was prevented from filing the appeal due to terrorist activities. Moreover this ground was not found sufficient for condonation of delay. The reasoning adopted by the Additional District Judge cannot be accepted for the reason that the village of the petitioner is situated near Majithia Sub Division which was converted into Special Police District on account of terrorist activities. The Court can always take a judicial notice that during that period, the terrorism in the State was at its heights and people were afraid to move out from their houses. The Additional District Judge ought to have kept these circumstances in view while deciding the application for condonation of delay. I am satisfied that the petitioner has successfully established on record that the delay which occurred in filing the appeal in time was beyond his control and was for sufficient cause.
(3.) Consequently, the revision petition is allowed and the impugned order is set aside. The appeal shall now be taken on record by the District Judge, Amritsar, at its original number, who may either decide the same himself or entrust it to any other Additional District Judge, Amritsar, for decision.;