CR No. 8058 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No. 8058 of 2011 Date of decision: July 10, 2012 Manish s/o Kashmir Singh r/o Village Igrah Tehsil and District Jind ....... Appellant Versus Dinesh adopted s/o Smt. Pati and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. R. N. Lohan. , Advocate for the petitioner. Mr. Rohit Singh, Advocate for respondent No.1. **** K. Kannan, J (oral). 1. The revision is against the order dismissing the petition filed under Section 5 of the Limitation Act to condone the delay of 7 ½ months in filing the appeal against the interim order allowing injunction in favour of the plaintiff-respondent. The cause for delay as contended by the revision petitioner was originally when the order was passed by the trial Court allowing the injunction application it had inadvertently referred to the order as having been dismissed and had came to be corrected subsequently on the application filed by the plaintiff. The contention is that the changed order had not been informed to her and as soon as she came to know she preferred an appeal and in that appeal there had been a delay. The CR No. 8058 of 2011 2 revision petitioner would contend that she has a strong cause to contest on a point of law that the property that stood vested in her after her husband's death could not be divested subsequently by adoption made by her. I am of the view that there are arguable points for consideration and that the order already passed would require to be recalled and the case be considered on merits. The delay in filing the appeal is bound to be condoned and the panacea shall be to visit the revision petitioner with costs of `5,000/- to be paid to the respondent-plaintiff on or before 15.8.2012 failing which the order passed already shall stand confirmed. 2. The revision is disposed of with the above observations. If the costs are paid as directed, the appeal shall be taken file and be disposed of by the lower appellate Court in accordance with law. (K. KANNAN) JUDGE July 10, 2012 archana