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1999 Supreme(P&H) 773

V.S.AGGARWAL
Sowaran Singh – Appellant
Versus
Inderjit – Respondent


Advocates Appeared:
For the Petitioner:Mr. Y.K. Sharma, Advocate.
For the Respondents:Mr. H.L Bhatia, Advocate.


JUDGMENT

V.S. Aggarwal, J. - The present revision petition is directed against the judgment of the appellate authority, Gurdaspur dated 26.3.1981. By virtue of the impugned judgment, the learned appellate authority dismissed the appeal holding that it was barred by time and that there are no good grounds for condonation of delay.

2. The delay in the present case was only of one day. The petitioners claim was that he was unwell and, therefore, could not file the appeal within time. The appellate authority had not believed the said ground. In the present case, perusal of the reveals that certified copy had been applied will within time i.e. after 3 days of the pronouncement of the order of the learned Rent Controller. The delay had to be explained only from the time, the period of limitation expired. It transpires that the petitioner was unwell and, therefore, it was a fit case where delay should be condoned. Accordingly, the delay is condoned.

3. It is directed that appellate authority will decide the appeal on its merits. The file should be put up before the learned appellate authority. Gurdaspur on 9th September, 1999.

Ordered Accordingly.


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