SWARAN SINGH AND ORS. Vs. RAGHBIR SINGH AND ORS.
LAWS(P&H)-2016-1-131
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 19,2016

Swaran Singh And Ors. Appellant
VERSUS
Raghbir Singh And Ors. Respondents

JUDGEMENT

Amit Rawal, J. - (1.) This order of mine shall dispose of three revision petitions bearing CR No. 6301 of 2015 titled as Swaran Singh Vs. Raghbir Singh and ors., CR No. 6577 of 2015 titled as Amandeep Kaur Vs. Raghbir Singh and ors., and CR No. 86 of 2016 titled as Chamkaur Singh and another Vs. Raghbir Singh and another.
(2.) CR No. 86 of 2016 has been filed against the order dated 11.12.2015 (Annexure P -1) passed by the Additional District Judge, Patiala, whereby application filed under Sec. 5 of the Limitation Act in support of the first appeal seeking condonation of delay of 208 days in filing the appeal, has been dismissed, whereas two other revision petitions have been filed against the dismissal of the objections in the pending execution application seeking execution of the judgment and decree dated 21.04.2014 passed by the trial Court in civil suit No. 315 -T dated 27.04.2010.
(3.) Mr. Sanjiv Bansal, learned counsel appearing on behalf of the petitioner in CR No. 86 of 2016 submits that judgment and decree in the aforementioned suit was passed on 21.04.2014. Certified copy of the same was applied on 06.12.2014 and the same was supplied on 10.12.2014. The appellant engaged Sh. H.S. Anand, Advocate, Nabha as their counsel, who assured that suit is of civil in nature and there is no need to come present on each and every date. The counsel never disclosed regarding the proceedings of the suit and petitioner -applicant acquired the knowledge of the decision on 06.12.2014 when the respondent No. 1 openly proclaimed that he would get sale deed registered as he has succeeded in the suit seeking specific performance of the agreement to sell dated 14.12.2006 and as such the certified copy of the same has been applied on 06.12.2014 and in this process, delay of 208 days had occurred. In support of his contention, he has relied upon judgment of Hon'ble Supreme Court in : 2015(7) SCC 373, Himalayan Cooperative Group Housing Society Vs. Balwan Singh.;


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