Civil Revision No. 109 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 109 of 2009 Date of decision: 23.03.2009. The Managing Committee, Lyallpur Khalsa Senior Secondary School, Nakodar Road, Jalandhar and another Petitioners Versus Shiv Sagar ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. M.L.Saggar, Senior Advocate with Mr. G.P.Vashisht, Advocate for the petitioner. ***** S.D.ANAND, J. The defendants-petitioners were proceeded exparte by the learned Trial Court. A plea filed by them for setting aside of the exparte order was negatived by the learned Trial Court, vide order dated 23.11.2007. The appeal filed by the defendants-petitioners was dismissed by the learned Ist Appellate Court, as time barred, with the following observations:- “That decree was passed on 21.3.2002 whereas the application was filed on 8.6.2002 i.e. after the expiry of the period of 30 days. As already said above, the defendants have not made any prayer in the main application for condonation of delay nor any separate Civil Revision No. 109 of 2009 -2- **** application has been filed for that purpose. There, this delay cannot be condoned.” Learned counsel for the petitioners states that this petition may be dismissed as withdrawn and that he would reserve the liberty to file a plea before the learned Trial Court for the condonation of delay. The petition shall stand dismissed as withdrawn with liberty to the petitioners to file a plea for condonation of delay before the learned Ist Appellate court which shall, however, adjudicate upon the plea raised on merits thereof in accordance with law, completely unfettered whatever may have been observed in the course of this order. March 23, 2009 (S.D.Anand) Pka Judge