JASGURPREET SINGH PURI, J. (Oral)

CM-3565-LPA-2025 in LPA-1454-2025

CM-3953-LPA-2025 in LPA-1613-2025

1. With the consent of learned counsel for both the parties, both cases are being taken up together for final disposal.

2. Applicant-State of Punjab has filed two separate applications under Section 5 of the Limitation Act seeking condonation of delay of 611 days in filing of the LPA-1454-2025 and delay of 629 days in filing of LPA-1613-2025.

3. Ms. Arundhati Kulshreshtha, Assistant Advocate General, Punjab, while referring to the application seeking condonation of delay of 611 days submitted that along with the application an affidavit was earlier filed, but later on vide order dated 05.03.2026 prima facie view was expressed that the State was not able to make out a case for condonation of delay and the State had prayed for some time to file an additional affidavit in this regard. Consequent whereupon, additional affidavit was filed by the appellant-State of Punjab dated 09.03.2026 giving the details as to how the aforesaid delay had occurred.

4. Learned counsel for the applicant/appellant while referring to the aforesaid affidavit submitted that in para No.4 of the affidavit the delay is explained to the effect that although earlier the Administrative Secretary had ordered to file Letters Patent Appeal against the impugned judgment but various objections were raised by OSD, Legal regarding the draft of Letters Patent Appeal. Thereafter, the draft was again put up after removal of the objections, but then there was an opinion of the Law Officer of the Advocate General, Punjab that the case was fit for filing of review application instead of Letters Patent Appeal, to which a clarification was sought as to whether Letters Patent Appeal should be filed or a review application should be filed and then as per the opinion of the Advocate General Office, it was found that it was a fit case for filing of review application and in this way the review application was filed on 21.03.2024 which was dismissed on 17.05.2024. Thereafter again the process of seeking legal opinion started and after various reminders being issued to get the legal opinion, it was received on 11.04.2025 that it was a fit case for filing of Letters Patent Appeal. The Letters Patent Appeal was in fact filed on 03.05.2025 and in this way it caused delay of total 611 days in filing of the present Letters Patent Appeal.

5. She submitted that the State of Punjab has acted in a bona fide manner in seeking opinion from both Administrative Secretary as well as from the office of the Advocate General, Punjab and in this regard much time was consumed in filing the present appeal. She also submitted that since the appeal has been filed by the State of Punjab, a liberal approach may be adopted, since at different levels, various opinions were required to be sought which consumed a lot of time, which was bona fide in nature.

6. Learned Assistant Advocate General, Punjab has referred to judgment of Supreme Court of India in “Sheo Raj Singh v/s Union of India and Anr.” (2023) 10 SCC 531 and also in “Inder Singh v/s The State of Madhya Pradesh” (2025) SCC Online SC 600 to contend that a liberal approach may be adopted when the appeal is to be filed by the State and also submitted that each and every case is to be dealt with according to the facts and circumstances of each and every case and no strict view can be taken with regard to the exercise of discretion by the appellate court as that discretion has to be tested on the anvil of substantial justice. She further submitted that in view of the above, the aforesaid delay may also be condoned.

7. Learned Assistant Advocate General, Punjab has further submitted that from the aforesaid total period of 611 days, a total of 204 days were consumed in filing the review since the review was filed on 21.03.2024 but it was dismissed on 17.05.2024 but learned Single Judge had condoned the aforesaid delay of 204 days in filing of review appl