C.M. No. 6981`-C of 2007
in/and
RSA No. 2461 of 2007 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.M. No. 6981`-C of 2007
in/and
RSA No. 2461 of 2007
Decided on : 24-03-2009
Raj
....Appellant
VERSUS
Smt. Alka Kumari and another
....Respondents
CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER
Present:- Mr. Chander Shekhar Sharma, Advocate for the appellant
MAHESH GROVER, J
The present application has been filed under Section 5 of the
Limitation Act praying for condonation of 3044 days in filing the appeal.
The only reason which has been given in the application for
condonation of delay is extracted hereunder:-
“That there is delay of 3044 days in filing this
appeal. The delay is because of the reason that the suit for
declaration filed by the appellant was dismissed by the trial
court and an appeal against the said order has been filed by the
appellant. That appeal too was dismissed by the Ld. Appellate
Court. The plaintiff-appellant was under the impression that
the appeal was dismissed in default. However, about 15 days
back, when the appellant has gone through the order of the Ld.
Appellate Court, it has come to knowledge that the appeal too
C.M. No. 6981`-C of 2007
in/and
RSA No. 2461 of 2007 2
was dismissed on merit and not on default.”
I am afraid the reason which has been given above does not
constitute a sufficient ground for condonation of such an extraordinary
delay of 3044 days in filing the appeal.
In this view of the matter, the application for condonation of
delay is dismissed and consequently, the appeal is also dismissed on the
point of limitation.
March 24 , 2009 (Mahesh Grover) rekha Judge