Civil Revision No.999 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.999 of 2009 Date of decision: 23.04.2009. Ram Chander Petitioner Versus Gram Panchayat Karanki, Tehsil Sohna, Distt. Gurgaon and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Jaswant Jain,Advocate, for the petitioner. None for the respondents ***** S.D.ANAND, J. None has entered appearance even today on behalf of the contesting respondents, who had been served for appearance for the last date of hearing i.e. 18.4.2009. The matter was adjourned to today for awaiting appearance. It is apparent from the impugned order that the learned Ist Appellate Court did not frame any issue on the controversy about the sufficiency or otherwise of the averments made by the petitioner for the delay in filing of the appeal. That being so, the petitioner obviously did not have any opportunity to have a say in the context. It is otherwise apparent from the averments that those are fact-based and adjudication thereof could be feasible only after the parties were Civil Revision No.999 of 2009 -2- **** allowed to adduce evidence in support of the respective pleas in the context. The petition shall stand allowed. The matter shall be listed before the learned Ist Appellate Court on 8.5.2009. The learned Ist Appellate Court shall procure the presence of party opposite, have their pleadings in the context of the condonation plea on record and proceed to frame issue on the basis whereof. The parties shall be afforded reasonable opportunity to adduce evidence. Thereafter, the learned Ist Appellate Court shall dispose of the condonation plea in accordance with law. April 23, 2009 (S.D.Anand) Pka Judge