RSA No. 3384 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 3384 of 2008 (O&M) Date of Decision : 19.3.2009 Harbhajan Singh .......... Appellant Versus Punjab State and others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Ms.Sonika Kapadia,Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 10112-C of 2008 For the reasons stated in the application, the C.M. is allowed. The appellant /applicant is allowed to make good the deficiency in Court fee. C.M. No. 10113-C of 2008 This is an application under Section 5 of the Limitation Act for condoning the delay of 5901 days in filing the accompanying appeal. The ground pleaded for condonation of long delay of 5901 days reads as under :- “2 That as a matter of fact, the impugned judgment and decree was passed by lower appellate court on 12.3.1992 but the respondents intentionally withheld the necessary documents pertaining to the service record of RSA No. 3384 of 2008 2 the appellant and did not produce the same before the courts below as a result of which, the appellant could not file the appeal within time. However, now the appellant has been able to produce the relevant documents from the respondent under the RTI Act which fully proves the case of the appellant. Due to this reason, the delay of 590 days in filing the appeal has occurred, which is neither intentional nor willfully.” The reading of the averments made in the application shows that no satisfactory particulars have been disclosed to justify the delay. The averments made though supported by an affidavit, even if taken on their face value do not make out any sufficient ground for condoning the long delay of 5901 days. Consequently the C.M. is dismissed. RSA No. 3253 of 2008 Consequently the appeal is dismissed being time barred. 19.3.2009 ( VINOD K. SHARMA ) 'sp' JUDGE