Civil Revision No. 104 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 104 of 2009(O&M) Date of Decision: November 23 , 2009 Gucharan Singh ...... Petitioner Versus Mastan Singh and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Arun Jindal, Advocate for the petitioner. Mr.P.S.Dhaliwal, Advocate for respondent No.4. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. As per report respondent No.2 has died. Learned counsel for the petitioner states that respondent No.2 was a co-defendant and the petitioner is not seeking any relief against him This revision has been filed against an order by which the learned lower Appellate Court refused to condone seven days delay in the filing of the appeal. The reason taken by the learned Lower Appellate Court is that in opinion of the Court no effective relief can be granted to the petitioner even if delay was condoned. In my opinion this finding is completely foreign to the issue Civil Revision No. 104 of 2009 (O&M) 2 involved viz.whether the delay of 7 days was liable to be condoned or not. In the circumstances this petition is allowed and the order dated 22.5.2008 is set aside an the case is remanded to the learned Lower Appellate Court for decision of the application for condonation of delay on merits. Parties through counsel are directed to appeal before the learned Lower Appellate Court on18.01.2010. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE November 23 , 2009 sunita