- (1.) Cm No.5573-C of 2016 There is delay of 56 days in re-filing the appeal. It is mentioned in the application that the appeal was filed within limitation on 2.11.2015. However, some objections were raised by the registry on 18.1.2016. Thereafter, the Clerk of the counsel for the appellants took the paper book of the case to the office. Inadvertently, the paper book of the appeal got misplaced in some other cases. The case file was traced out on 22.4.2016 and objections were removed and the case was re-filed on 23.4.2016. Therefore, delay of 56 days occurred.
(2.) Keeping in view the averments made in the application and the fact that the application is supported by duly sworn affidavit, the delay of 56 days in re-filing the appeal stands condoned. The application is allowed. Main case
(3.) The unsuccessful plaintiffs have challenged the judgment and decree dated 03.08.2015, passed by Additional District Judge, Sri Muktsar Sahib vide which their appeal was dismissed and the judgment and decree dated 26.11.2011, passed by Additional Civil Judge (Senior Division), Gidderbaha was upheld and the suit of the plaintiffs remained dismissed.;