R.S.A. No. 3796 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 3796 of 2008 (O&M) Date of decision: 20.04.2009 Smt. Sarupi ....Appellant Versus Chandu and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. A.S. Sullar, Advocate, for the appellant. ***** VINOD K. SHARMA, J (ORAL) C.Ms. No. 11306-C and 11307-C of 2008 These applications under Section 5 of the Limitation Act and Section 151 of the Code of Civil Procedure have been moved for condoning the delay of four days in filing and 574 days in refiling the appeal, respectively. The only ground taken for condonation of delay in refiling the appeal reads as under: - “That inadvertantly the appeal could not be re-filed, as the clerk had misplaced the paper book of the present case, in another brief, when this fact came in knowledge, then the present appeal was filed, hence a delay in re- filing the appeal.” This plea of the learned counsel for the appellant cannot be R.S.A. No. 3796 of 2008 (O&M) -2- accepted in view of the law laid down by this Court in Krishan Dev Dhiman Vs. Mahesh Bhatia and others, 2008(4) P.L.R. 23. Dismissed. R.S.A. No. 3796 of 2008 Keeping in view that the applications for condonation of delay stand dismissed, the appeal is ordered to be dismissed on the ground of limitation. (Vinod K. Sharma) Judge April 20, 2009 R.S.