Civil Revision No.3509 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3509 of 2008 (O&M) Date of decision: 02.03.2009 Gurjit Kaur .............Petitioner Vs. Nahar Singh and another ............Respondents Present: Mr. Tribhawan Singla, Advocate for the petitioner. CORAM: HON'BLE MR. JUSTICE K. KANNAN 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? -.- K.KANNAN, J.(ORAL) 1. The revision is filed at the instance of a third party claimant who filed a petition for raising of attachment. The petition had been dismissed on 13.02.2004 by the Civil Judge (Junior Division), Barnala and against that order, the petitioner had come by way of revision before this Court in C.R. No.1197 of 2004. The civil revision was dismissed as withdrawn on 07.07.2006 when it was brought to the attention of the counsel that the proper remedy was a regular civil appeal to the Court below and not by means of a revision. 2. The appeal had been filed before the Lower Appellate Court namely the Additional Sessions Judge, Barnala on 18.10.2006. The delay in filing the appeal was obviously on account of the fact that the petitioner was seeking for redressal by procedure which was not in accordance with law and being an appealable order the invoking of Civil Revision No.3509 of 2008 (O&M) -2- revisional jurisdiction before the High Court was not tenable. The Court below had disallowed the plea for condoning the delay on a technical ground that he had not explained sufficiently each days delay in preferring the appeal. The claim relates to immovable property and interest of justice would require disposal of matter on a consideration of due merits of the case. The dismissal that is entailed by not condoning the delay does not accord with the norms of fair opportunity and therefore, I am of the view that the impugned order dated 09.04.2008 is liable to be set aside and accordingly set aside. 3. The civil revision petition is, therefore, allowed and the lower Appellate Authority shall take on file the appeal and dispose it of in accordance with law. (K. KANNAN) JUDGE March 02, 2009 Pankaj*