R.S.A. No. 3456 of 2008 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 3456 of 2008 (O&M) Date of Decision : 13.2.2009 State of Madhya Pardesh & others .......... Appellants Versus Amar Singh and another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. S.S. Brar, Advocate for Mr. P.S. Thiara, Advocate for the appellants. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 10275-C of2008 This is an application under Section 5 of the Limitation Act for condoning the delay of 535 days in filing the appeal. In support of condonation of delay the plea taken is that the certified copy of the judgment and decree was misplaced. Thereafter, time was taken in correspondence, with the counsel from time to time and on receipt of certified copy the appeal was filed. It was noticed that as no explanation for long delay was forthcoming therefore an opportunity was given to the applicant-appellant to file a better affidavit. An affidavit dated 27.1.2009 has been filed wherein again it has been repeated that though the letter received by the office from the counsel R.S.A. No. 3456 of 2008 -2- showed that it was accompanied by the judgments and decree of the learned Courts below but in fact there was no such judgment and decree found with the said letter. The counsel was requested again to look into the matter. It has been averred in the affidavit that the second copy of judgment and decree was received on 3.11.2007. However, the appeal was filed in this Court only on 1.10.2008. There is no explanation, whatsoever, for delay of 11 months in filing the appeal. The application for condonation of delay does not make out any case for condoning the delay of 535 days. Consequently, this application is dismissed. R.S.A. No. 3456 of 2008 Dismissed as time barred. 13.2.2009 ( VINOD K. SHARMA ) 'sp' JUDGE