CM No.8667-C of 2010 and -1- RSA No.2889 of 2010 ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.8667-C of 2010 and RSA No.2889 of 2010 Date of decision:06.08.2010. Chander Pal and others ...Appellants Versus Smt. Sushma Rani and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. R.S.Budhwar, Advocate, for the appellants. ***** RAKESH KUMAR JAIN, J. (ORAL) This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 188 days in filing of the appeal. This appeal is preferred by defendant Nos.2 to 5. the judgment and decree of the learned First Appellate Court is dated 29.10.2009 which was admittedly applied on 12.07.2010. It was prepared on 14.07.2010 and the appeal has been filed on 03.08.2010. The reason assigned in the application is “that the applicants/appellants came to know that RSA No.1117 of 2010 was pending in this Court and the same is now fixed for 13.09.2010. After this the applicants/appellants are filing the present appeal CM No.8667-C of 2010 and -2- RSA No.2889 of 2010 ***** against the judgment and decree of the Lower Court as the right of the applicants/appellants is going to be affected.” Learned counsel for the applicants/appellants has submitted that other RSA No.1117 of 2010 is preferred by defendant No.1 Sulekh Chand. Admittedly, the limitation to file appeal before this Court is 90 days after excluding the days spent in obtaining certified copy of the judgment. The certified copy in this case itself has been applied after expiry of limitation of 90 days. The reason assigned by the applicants/appellants is thus not found to be sufficient to condone the delay. Therefore, present application is dismissed and consequently the appeal is also dismissed. August 06, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE