R.S.A. No. 1924 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 1924 of 2007 (O&M) Date of decision: 10.03.2009 Mandier Singh ....Appellant Versus Balwinder Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Mohd. Yousaf, Advocate, for the appellant. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 3178-C of 2009 This is an application under Order 41 Rule 19 read with Section 151 of the Code of Civil Procedure for restoration of R.S.A. No. 1924 of 2007, which was dismissed in default by this Court. For the reasons stated in the application, C.M. is allowed and the appeal is restored to its original number. C.M. No. 5465-C of 2007 This is an application under Section 5 of the Limitation Act for condoning the delay of 78 days in filing the present appeal. The plaintiff/appellant was represented through his attorney before the learned trial Court. However, the judgment and decree was not challenged within R.S.A. No. 1924 of 2007 (O&M) -2- limitation. The only plea taken is that the plaintiff/appellant was residing abroad and, therefore, had instructed his father to file an appeal. However, no detailed particulars have been given as to when the information was received and when said instructions were issued. The plea taken is that due to wheat season, the appeal could not be filed in time. However, the judgment and decree sought to be impugned was passed on 8.11.2006, which was not wheat season. Thus, averments made do not disclose sufficient cause to condone the delay of 78 days in filing the appeal. Accordingly, the application is ordered to be dismissed. R.S.A. No. 1924 of 2007 The appeal is dismissed as time barred. (Vinod K. Sharma) Judge March 10, 2009 R.S.