- (1.) This revision petition has been filed by the State of Punjab for setting aside the order dated 15.4.2004 passed by the Additional District Judge, Chandigarh vide which the appeal filed by the petitioners against the judgment and decree dated 23.4.2002 passed by the Civil Judge (Sr. Division), Chandigarh was dismissed on the ground of limitation.
(2.) The petitioners filed the aforesaid appeal along with an application under Section 5 of the Limitation Act for condonation of delay of 60 days. The said appeal was filed by the petitioners against the judgment of the Civil Judge (Sr. Division), Chandigarh vide which the award of the Arbitrator was made rule of the Court and a decree was passed against the petitioners with interest.
(3.) In the application while explaining the delay in filing the appeal, it was contended that the application for obtaining certified copies of the impugned judgment and decree was moved on 24.4.2002 and the same was delivered to the District Attorney on 29.5.2002. According to those certified copies, the appeal was to be filed on 29.6.2002 whereas the appeal was filed on 29.8.2002. In the application, it has been stated that the aforesaid delay had occurred because the file was sent to the office of Chief Engineer, PWD Branch, Patiala on 13.6.2002 for taking the decision regarding filing of the appeal. Thereafter, the Chief Engineer sent the said file to the Superintending Engineer for taking necessary decision. It has been stated that at one point of time, a suggestion came for not filing the appeal, bus. subsequently it was decided that the appeal was to be filed. Then necessary requisition and sanction were sought. It has been stated in this application that the Director, Prosecution and Litigation, Punjab, had granted the sanction for filing the appeal on 26.8.2002, and immediately thereafter the appeal was filed on 29.8.2002.;