C.M. No. 22916-CII of 2010 C.R. No. 4200 of 2005 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.M. No. 22916-CII of 2010 C.R. No. 4200 of 2005 (O&M) Date of Decision: November 7, 2011 Inder Singh .................................................... Petitioner Versus Improvement Trust, Batala ....................... Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Tushar Sharma, Advocate for the petitioner. Mr. Amit Singh, Advocate for the respondent. ... RITU BAHRI, J. (Oral) C.M. No. 22916-CII of 2010 For the reasons given in the application, the delay of 863 days in filing the present revision is condoned. C.M. allowed. C.R. No. 4200 of 2005 Challenge is to the order dated 6.5.1999 passed by the District Judge, Gurdaspur, whereby the appeal filed by C.M. No. 22916-CII of 2010 C.R. No. 4200 of 2005 (O&M) [ 2 ] the plaintiff/petitioner before the District Judge was dismissed in default. Petitioner filed an application for restoration and the same was rejected vide order dated 6.5.1999. The present revision is against the order dated 6.5.1999. The precise grievance of the petitioner is that the appeal was fixed for 6.6.1996 whereas he mistook the date as 6.8.1996. The petitioner is an illiterate person. When he contacted his lawyer in the month of August 1996 he came to know that the appeal had been dismissed. Thereafter, he filed an application for restoration on 23.8.1996 which was beyond the period of 90 days. The delay in filing the application after 90 days has not been explained and on this ground the application for restoration has been dismissed. Counsel for the petitioner argues that due to noting the date wrongly the petitioner could not attend the court proceedings on 6.6.1996 and on this technical ground the appeal has not been restored. The petitioner being an illiterate person should not suffer because of the fault committed by his counsel. Civil Revision is allowed subject to payment of `5,000/- as costs. Order dated 6.5.1999 is set aside. 7.11.2011 ( RITU BAHRI ) Rupi JUDGE