IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.3086/2009(O&M) Date of Decision: 27.5.2009. Ex.Constable Jaspal Singh ..........Petitioner. Versus State of Punjab and others ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Amit Sharma,Advocate for the petitioner. JASWANT SINGH,J(Oral). CM No.13014-15-CII/2009. CMs allowed. Documents Annexures P1 and P/2 taken on record. CR No.3086/2009. Notice of motion. Mr. Mahabir Sindhu, Additional Advocate General,Punjab, who is present in Court accepts notice. This revision petition under Article 227 of the Constitution of India is directed against the order dated 6.3.2009 passed by learned District Judge, Jalandhar dismissing the appeal filed by the petitioner being time barred as the petitioner failed to pay the costs of Rs.2000/- imposed upon him. State of Punjab-respondents filed a suit against petitioner for recovering Rs.93,655/- alongwith interest for causing financial loss. The said suit was decreed vide ex parte judgement and decree dated 3.3.2007. It is case of the petitioner that on coming to know about passing of ex parte judgement CR NO.3086/2009(O&M) 2 and decree, he preferred an appeal. Alongwith the appeal he also moved an application under Section 5 of the Limitation Act seeking condonation of delay of 30 days in filing the appeal. The appellate Court allowed the said application subject to payment of Rs.2000/- as costs. Since the petitioner did not deposit the costs, vide impugned order dated 6.3.2009 the learned appellate court dismissed the appeal being time barred. It is submitted by the learned counsel for the petitioner that his counsel before the appellate Court did not inform him with regard to payment of costs. It is further submitted that on account of inadvertent mistake on the part of his counsel, substantial rights of the petitioner should not be made to suffer. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case, I deem it just and expedient to allow the present revision petition subject to payment of further costs. Accordingly, the present revision petition is allowed. Impugned order dated 6.3.2009 is set aside. Petitioner is directed to deposit a sum of Rs.3000/- as costs alongwith Rs.2000/- initially imposed by the appellate Court, in Government Treasury within three weeks from today. Thereafter on an application moved by the petitioner for revival of his appeal, the same shall be accepted by the appellate Court. 27.5.2009. (Jaswant Singh) joshi Judge