Civil Revision No. 5865 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5865 of 2007 Date of decision: 21.01.2009. Union of India etc. ...Petitioner Versus Virender Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Namit Kumar, Advocate, for the petitioner. Mr. Anil Bhardwaj, Advocate for the respondent. ***** S.D.ANAND, J. A suit filed by the plaintiff-respondent against the defendants/petitioners was decreed by the learned Trial Court, vide judgment and decree dated 20.11.2004. An appeal filed by the defendants-petitioners against the impugned judgment and decree was dismissed by the learned Ist Appellate Court as time barred. There was delay of 58 days in filing of the appeal. The explanation furnished by the defendants-petitioners, in support of the plea for condonation of delay, was that delay aforementioned occurred on account of procedural vicissitudes which are part of the governmental functioning. The learned Ist Appellate Court declined to accept the explanation. It held that State was not entitled to extra indulgence as against an individual litigant. In support of the averment that Government cannot be put on the same footing, learned counsel relies upon State (NCT of Delhi) Vs. Civil Revision No. 5865 of 2007 -2- **** Ahmed Jaan 2008(4) SCT 25 in which the Apex Court allowed the condonation of delay for a period of five years. Learned counsel for the respondent is not in a position to invite the attention of this Court to any judicial pronouncement to the contrary. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order dated 3.6.2006 shall stand quashed. The matter shall be listed before the successor Court of the learned Additional District Judge, Narnaul who decided the relevant appeal. The appeal shall be disposed of on merits within one month of the date the appeal comes to be listed before it. The parties, through their learned counsel, are directed to appear before the learned successor Court of the learned Ist Appellate Court on 10.2.2009. The stay order dated 20.10.2008 shall stand vacated. The vacation of stay order shall be communicated to the Court concerned forthwith. January 21, 2009 (S.D.Anand) Pka Judge