R.S.A. No. 3871 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 3871 of 2008 (O&M) Date of Decision : 31.3.2009 Dalip Singh .......... Appellant Versus Raghbir Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. S.S. Duhan, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 4038-C of 2009 For the reasons stated in the application the order dated 4.3.2009 is recalled and the case is restored to its original number. C.M. stands allowed. C.M. No. 11564-C of 2008 This is an application under Section 151 of the Code of Civil Procedure for condoning the delay of 69 days in refiling the appeal. The stand taken for condonation of delay in refiling the appeal reads as under :- “2. That the present appeal was filed by the appellant / applicant in this Hon'ble court on 18-1-2008 well within time. However the registry has raised certain objections and returned the same vide its note dated 16- 2-2008. 3. That thereafter the clerk of the counsel for the R.S.A. No. 3871 of 2008 2 R.S.A. No. 3871 of 2008 -2- appellant / applicant collected the papers of the appeal from the registry. However due to inadvertence the file was misplaced in the office and could not be traced out and when the file was traced and refiled after removing the objection immediately and a delay of 69 days has occurred in refilling the said appeal.” However, the explanation given for condonation of delay in refiling cannot be accepted in view of the law laid down by this Court in the case of Krishan Dev Dhiman Vs. Mahesh Bhatia and others 2008(4) P.L.R. 23. The C.M. is dismissed. R.S.A. No. 3871 of 2008 The regular second appeal is dismissed being time barred. 31.3.2009 ( VINOD K. SHARMA ) 'sp' JUDGE