C.R. No.5510 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5510 of 2010 Date of Decision: 28.10.2010 Chander Shekhar ……Petitioner VERSUS Baldev Krishan and another ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Kunal Dawar, Advocate for the petitioner. Mr. Piyush Kant Jain , Advocate for respondent No.1. 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? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 5.5.2010 passed by learned Additional District Judge, Ludhiana, whereby application moved by the appellant-petitioner herein seeking C.R. No.5510 of 2010 -2- condonation of delay of 129 days in filing the first appeal was dis- missed. 2. Brief facts of the present case are that a suit for partition was partly decreed vide judgment and decree dated 20.12.2007. Ap- pellant wanted to challenge that preliminary decree by way of filing appeal under Section 96 of the Code of Civil Procedure. However, appeal was filed with the delay of approximately 129 days alongwith an application under Section 5 of the Limitation Act seeking condona- tion of delay in filing the appeal on the ground that certified copy of the judgment and decree was not applied within time because plain- tiff-appellant was under the wrong impression that his suit was proba- bly fully decreed and he came to know about the partial decree later on. 3. I have heard learned Counsel for the parties and perused the record. 4. Lis between the parties should be decided, as far as pos- sible, at its own merit after giving sufficient opportunities to both the parties in accordance with law. None of the parties should be given walkover. In the present case, the explanation given by the appellant that he remained under the confusion that his suit was completely decreed and he came to know about the partial decree later on seems to be justified. C.R. No.5510 of 2010 -3- 5. In view of the above, present petition is allowed. Applica- tion moved by the appellant under Section 5 of the Limitation Act stands allowed. Appeal shall be heard at its own merit. Both the parties shall appear before the first Appellate Court on 30.11.2010. Petitioner/appellant shall pay Rs.20,000/- as compensatory costs to respondent No.1- Baldev Krishan, whose Counsel is present in the Court, within 10 days from today. ( ALOK SINGH ) 28h October, 2010 JUDGE ashish