NARENDRA SINGH DHADDHA,J. - (1.) This special appeal has been filed with delay of 172 days, which is sought to be explained in the application under Section 5 of the Limitation Act stating that after decision of the writ petition vide order dated 26.07.2018, the petitioner-appellants filed review petition and the review petition was decided vide order dated 22.01.2019 and therefore the period of limitation ought to have been counted from 22.01.2019 and if that is done the appeal would be within limitation.
(2.) In view of the above, the delay of 172 days in filing the appeal is condoned. The application under Section 5 of the Limitation Act is accordingly allowed.
(3.) The matter is heard on merits. Mr. R.P. Vijay, learned counsel for the appellants, submitted that the petitioner-appellants in the writ petition challenged the allotment made by the respondent Housing Board under the 'Parijat Scheme' at Kota. The respondents made illegality in allotment of the houses and thereby the bona-fide applicants, like the petitioner-appellants were deprived of the allotment. The learned Single Judge has refused to go into the merits of the case and dismissed the writ petition on the ground that the allottees were not made parties to the writ petition, whereas the fact is that two of the allottees themselves came forward and filed application for their impleadment. The learned counsel has referred to the order dated 05.01.2006 of the learned Single Judge to argue that the application of two persons for their impleadment was allowed. ;