Narinder Singh vs State of Punjab and Another

Sabina, J.—Plaintiff had filed a suit for declaration challenging the order dated 24.9.1985 whereby he was ordered to be dismissed from service. The suit filed by the Plaintiff was dismissed by the trial court vide judgment and decree dated 13.8.1991. Aggrieved by the said judgment and decree, Plaintiff preferred an appeal and the same was dismissed by the Additional District Judge, Amritsar vide judgment and decree dated 18.9.1993.

Aggrieved by the same, Plaintiff has filed the appeal along with the application u/s 5 of the Limitation Act for condonation of 15 years 7 months and 40 days delay in filing the appeal.

After hearing the learned Counsel for the applicant, I am of the opinion that the instant application deserves dismissal.

In the application it has been averred by the applicant that after losing his case from the courts below, he had lost all hopes and did not pursue his case. Since the persons similarly situated had been allowed to be reinstated by this Court vide judgment and decree dated 27.3.2009 passed in R.S.A No. 1062 of 1994, the applicant has filed the present appeal.

The said reasons given by the applicant do not lead to the inference that the delay in filing the appeal was bonafide and not deliberate. Although a liberal approach is required to be adopted while dealing with an application u/s 5 of the Limitation Act, but in the present case, the applicant knew about the decisions passed by the courts below and still waited for more than 15 years before filing the appeal.

Hence, no ground for condonation of delay in filing the appeal is made out. The application is dismissed. Consequently appeal is dismissed being time barred.