The central legal point established in the judgment is that the dismissal of a restoration application on the ground of limitation, when it falls within the period for exclusion of limitation granted by the Hon'ble Supreme Court, is against the law.

VIKAS BAHL, J.

1. This writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing the order dated 17.01.2022 (Annexure P-9) passed by the Commissioner, Rohtak vide which the application for restoration of the revision petition bearing No.ER-30 dated 04.02.2020 has been dismissed. Challenge is also to order dated 12.10.2020 (Annexure P-7) passed by the Commissioner, Rohtak, vide which revision petition No.ER-30 dated 04.02.2020 was dismissed for non-prosecution.

2. Learned counsel for the petitioner has submitted that the Commissioner, Rohtak, vide order dated 17.01.2022 (Annexure P-9), has dismissed the application of the petitioner for restoration of the revision petition which was dismissed in default on 12.10.2020 (Annexure P-7) without considering the judgment passed by the Hon'ble Supreme Court dated 10.01.2022 (Annexure P-10) passed in “Re: Cognizance for Extension of Limitation” in Suo Motu Writ Petition (C) No.3 of 2020, as per which, in sub-clause 3 of para No.5 it has been specifically provided that in cases where the limitation was to expire during the period from 15.03.2022 till 28.02.2022, then, limitation in such a situation was to start from 01.03.2022 and a period of 90 days was granted to file the necessary application/appeal. It is further submitted that a perusal of the order dated 17.01.2022 (Annexure P-9) would show that the Commissioner, Rohtak had dismissed the restoration application on the ground of limitation as there was a gap of one year and two months between the passing of the said order dated 12.10.2020 (Annexure P-7) and the filing the said application for restoration dated 13.12.2021. It is stated that the period which was ordered to be excluded by the Hon'ble Supreme Court in the above-said case has not been excluded and the order dated 12.10.2020 (P-7) dismissing the case of the present petitioner in default was passed during the period mentioned in sub-clause 3 of para 5 of the said judgment i.e., between 15.03.2020 & 28.02.2022 and that even the application for restoration was dated 13.12.2021. It is further stated that the petitioner would be satisfied in case the order dated 17.01.2022 (Annexure P-9) is set aside and the Commissioner, Rohtak is directed to reconsider the application for restoration after taking into consideration the judgment of the Hon'ble Supreme Court dated 10.01.2022. It is also stated that since the said application was dismissed on the first date, thus, notice need not be issued to private respondents as issuance of notice would only delay the proceedings and would entail unnecessary expenses to the private respondents in pursuing the present case.

3. Learned State counsel has opposed the present writ petition and has submitted that the application for restoration was filed by the petitioner after a period of 14 months. Learned State counsel has however, not denied the fact that as per the judgment of the Hon'ble Supreme Court, the period between 15.03.2020 till 28.02.2022 was to be excluded.

4. This Court has heard learned counsel for the parties and has gone the paper-book.

5. Sub-clause 3 of para No.5 of the said judgment passed by the Hon'ble Supreme Court in “Re: Cognizance for Extension of Limitation” (supra) is reproduced hereinbelow:-

“III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.”

A perusal of the above-reproduced sub-clause 3 of para No.5 would show that where the limitation of a case was expiring during the period between 15.03.2020 till 28.02.2022, then, limitation in such a situation was to start from 01.03.2022 and a period of 90 day