Civil Revision No.7405 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.7405 of 2011 (O&M) Date of decision:- 01.12.2011 Om Parkash ....Petitioner Vs. State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Sudhir Mittal, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) This petition assails the order dated 10.08.2011 (Annexure P-8) passed by the Additional District Judge Hisar, dismissing the application preferred by the plaintiff-petitioner (hereinafter referred as 'the petitioner') under Section 5 of the Limitation Act for condonation of delay in filing the appeal. Learned counsel for the petitioner has contended that actually there was another Civil Suit No.319 of 2007 titled as 'Om Parkash Vs. State of Haryana', which was decided on 17.11.2008 and the counsel for the petitioner was not in the knowledge that this suit was decided on 21.10.2008. As such, he applied for certified copy of the said order passed in the second suit, which was obtained on 10.12.2008 and from where, he came to know Civil Revision No.7405 of 2011 (O&M) 2 that actually the said suit was decided on 21.10.2008. He applied for certified copy of that order on 10.12.2008, which was obtained by him on 02.03.2009. As such, the delay was bound to be condoned. In this view of the matter, this petition is accepted; the impugned order is set aside and the delay in filing the appeal before the first Appellate Court is condoned. Learned counsel for the petitioner further submits that since the suit filed by him suffers from material defects, therefore, it is likely to fail and he wants to withdraw the suit with permission to file fresh one on the same cause of action. Having considered the contention, it is ordered that the first Appellate Court would proceed to consider the request of the petitioner. (A.N.JINDAL) December 01, 2011 JUDGE ajp