IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RSA No.4300 of 2010 (O&M) DATE OF DECISION:09.12.2010 **** Surinder Singh . . . . Appellant Vs. Rajinder Singh . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.H.S. Baath, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) CM No.12994-C-2010 and RSA No.4300 of 2010 (O&M) This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 101 days in filing of the appeal. The ground taken in the application is that applicant/appellant was not aware of the Court fees and could not arrange the funds for Court fees. From the perusal of the record, learned First Appellate Court had decided the appeal against the appellant on 8.4.2010. Certified copy was applied on 9.4.2010 which was prepared on 16.4.2010 and the same was delivered on 21.4.2010. The Power of Attorney in favour of the learned counsel for the appellant is dated 09.06.2010. The appeal in this Court was filed on 23.9.2010. The learned counsel for the appellant has submitted that when the appellant had contacted him on 9.6.2010 for the purpose of filing of this appeal and singed the Power of Attorney, he was informed about the Court fee which is to be filed by him but he did not bring the Court fee. This submission of learned counsel for the appellant runs contrary to the averments made in para No.2 of the application, which is also supported by an affidavit of the appellant because in para No.2 of the affidavit, he has mentioned that “the appellant was not aware about the Court fee”. Generally, the Courts are liberal in condoning the delay but in a case where a blatant lie told in the Court, I am afraid, no indulgence can be granted to the appellant. In view thereof, present application is dismissed. Consequently, the appeal is also dismissed. (RAKESH KUMAR JAIN) December 09, 2010 JUDGE Vivek