IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 2044 of 2009 (O&M) Date of decision : May 25, 2009 Municipal Corporation, Faridabad and another Petitioners Versus M/s. Ram Chand and sons Respondent CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Mohnish Sharma, Advocate for the petitioners A.N. JINDAL, J. (ORAL) Challenge in this petition is to the order dated 19.11.2008 (Annexure P-3) passed by District Judge, Faridabad whereby application under Section 148 and 151 of CPC for enlargement of time was dismissed. In nutshell, the allegations are that the then District Judge, Faridabad on 6.3.2007 had partly allowed the appeal and modified the decree to the extent that an opportunity was given to Municipal Corporation, Faridabad to proceed afresh in accordance with law and reassess the house tax of the disputed property and the reassessment was to be done within six months from 6.3.2007. Jagdish Singh, Clerk who was dealing with house tax had received the file of the case on 3.4.2007 but he failed to put up the file before the senior officers on account of which the reassessment could not be done within the stipulated period of six months and when it came to the notice of the officers, Jagdish Singh was charge-sheeted on 19.2.2008. As such for the fault on his part the property was not reassessed within time as directed by District Judge, Faridabad. C.R. No. 2044 of 2009 2 Now by way of this petition, the petitioner wants amendment of judgment and decree passed by District Judge, Faridabad by way of enlarging the time. Heard. The District and Sessions Judge vide order dated 6.3.2007 had directed the Municipal Corporation to reassess the house tax within six months from 6.3.2007 but the Municipal Corporation Faridabad did not comply with the directions. It was also directed that the amount which had been adjusted by the plaintiff could be adjusted /refunded accordingly at the expiry of the said period of six months. However, Municipal Corporation approached the Court after expiry of one year on the plea that for the fault on the part of Jagdish Singh, Clerk of the Corporation the reassessment could not be made within time as he was charge-sheeted also. I have been informed by the counsel for the petitioner that Jagdish Singh who has been charge-sheeted for non-presenting the file has been exonerated from charge framed against him vide order dated 7.11.2008 passed by Commissioner, Municipal Corporation meaning thereby that there was no fault on his part. It means that Municipal Corporation took false plea for condoning the period of one year for non compliance of the decree. Since the petitioner Corporation has not come with clean hands, therefore, it is entitled to any relief. No grounds to interfere. Dismissed. (A.N.JINDAL) 25.05.2009 JUDGE reena