CM No.9724-CI of 2010 in/and -1- RFA No.3883 of 2010(O&M) **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.9724-CI of 2010 in/and RFA No.3883 of 2010 (O&M) Date of decision:17.11.2010. Gurpal ...Appellant Versus Union Territory, Chandigarh ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Ram Bilas Gupta, Advocate, for the applicant(s)/appellant(s). ***** RAKESH KUMAR JAIN, J. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 seeking condonation of delay of 1570 days in re-filing of the appeal. It is averred in the application that the delay in re-filing has occurred because the appellant(s) is/are poor person(s) who could not arrange the Court fee in time. It is further averred that the appeal has been re-filed on coming to know that other connected appeals have been allowed by this Court. I have heard learned counsel for the applicant(s)/appellant(s) and perused the available record. I am afraid that the reason assigned for not re-filing the appeal for 1570 days does not fall within the parameters of sufficient cause. In this regard, this Court had already taken a view in CM No.8256-C of 2010 in RSA No.2718 of 2010 titled as 'Swaran Kaur and others Vs. Sukhdev Singh and others, decided on 06.08.2010, in which there was a delay of 1460 days in re-filing of the appeal and the reason given was akin to the CM No.9724-CI of 2010 in/and -2- RFA No.3883 of 2010(O&M) **** reason assigned in the present application. In the present case, obviously, the appeal is re-filed only after the success of the other connected appeals, as alleged. Thus, the reason for not re-filing the appeal in time lacks bona fide. In view of the above, I do not find any merit in the present application and as such, the same is hereby dismissed and consequently, the main appeal is also dismissed. November 17, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE