CM No.3116-CI of 2011 1 in/and RFA No.1268 of 2011(O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.3116-CI of 2011 and RFA No.1268 of 2011(O & M) Date of Decision:28.07.2011 Hardial Singh ....appellant Versus The State of Punjab through LAC .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.P.K.Gupta, Advocate for the appellant *** RAKESH KUMAR GARG, J.(ORAL): The present appeal has been filed after a delay of 17 years 3 months and 5 days. Along with this appeal, an application for condonation of aforesaid delay has been filed. The averments made in this application read thus: “That the appellant engaged Sh.G.S.Savra, Advocate for filing the appeal and handed over all the documents including judgement and court fee etc. That it was assured by the said counsel that the appeal will be filed. That now when the cases of others which were pending with Mr.Pawan Kumar Gupta, CM No.3116-CI of 2011 2 in/and RFA No.1268 of 2011(O & M) Advocate, were listed on 26.08.2010 then the appellant along with others came to the residence of the counsel and came to know that the case of the appellant has not been listed, then immediately the appellant went to the residence of Mr.G.S.Savra, Advocate and came to know that he has expired. That on inquiry it was revealed that no such appeal has been filed and after search from his office, the brief containing judgement and some other documents including signed papers were made available and as such appeal is being filed now after delay of 17 years 3 months 5 days. That the counsel who was engaged by the appellant did not file the appeal as he has since expired and in such circumstances there happened to be delay of 17 years 3 months 5 days in filing the appeal." From the perusal of the averments made, it is clear that after engaging G.S.Savra, Advocate, as alleged, the applicant/appellant never inquired about his case for 16 long years as it has been averred by him that he came to know only on 26.08.2010 when he made enquiries from the house of Sh. G.S.Savra, his earlier advocate and he came to know that his case has not been filed. It is not believable that a litigant, specially, whose land has been acquired did not inquire about his case, wherein, he is seeking enhancement for compensation. The appellant has not pursued his remedy with due diligence and in fact was negligent in his approach. Thus,no ground can be made to condone such a huge CM No.3116-CI of 2011 3 in/and RFA No.1268 of 2011(O & M) delay of 17 years 3 months and 5 days, in the instant case and therefore the prayer for condonation of delay is rejected. Since the application for condonation of delay is rejected, this appeal is also dismissed being time barred. (RAKESH KUMAR GARG) JUDGE 28.07.2011 neenu