CR No. 2951 of 2006 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CR No. 2951 of 2006
Date of decision October 13, 2011
State of Haryana through Collector, Bhiwani, District Bhiwani
....... Petitioner
Versus
Smt. Nirmla Devi and others
........Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. K. C. Gupta, Senior DAG., Haryana
for the petitioner.
None for the respondents.
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1. Whether reporters of local papers may be allowed
to see the judgment ?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the
digest?
K. Kannan, J (oral).
1. The Civil revision is against the dismissal of the
petition filed under Section 5 of the Limitation Act to condone the delay of
eight months in preferring the appeal. The appeal was against the final
decree in a partition action. The Court had observed that the final decree
itself was subsequent to the preliminary decree and there was no appeal
against the preliminary decree itself. The Court also did not find any
justifiable reason to condone the delay of eight months. In a case where a
preliminary decree was passed without any contest and there had been no
objection, there is again no reason to reopen the matter afresh. I have not
been shown any particular prejudice caused by the passing of final decree.
There is no attempt made even at the stage of revision to explain the delay.
CR No. 2951 of 2006 2
The discretion has been properly exercised by the Appellate Authority and I
find no reason to interfere with the same.
2. The Civil revision is dismissed.
(K. KANNAN)
JUDGE
October 13, 2011
archana