FA No. 52 of 2004 Mr. Tapan Singh, Advocate, holding brief of Sri Lok Pal Singh, Advocate, present for the appellant/applicant. This is Restoration Application No. 1061 of 2010, moved on behalf of the appellant/applicant, for restoration of First Appeal No. 52 of 2004, which was dismissed by this Court on 22.5.2007 IN default of the appellant. Heard. In the affidavit filed with the application, the appellant has stated that the clerk of the counsel could not mark the case on the date, when it was dismissed for non-prosecution. Had there been a short delay in moving the restoration application, we could have accepted such explanation for condoning the delay, and for restoring the appeal, but in the present case, the order was passed in May 2007, and the restoration application is being moved after three and half years. The explanation given in the affidavit is totally insufficient, and does not explain the delay of 1276 days. Therefore, the Delay Condonation Application No. 10606 of 2010, and Restoration Application No. 1061 of 2010 are hereby dismissed. (Sudhanshu Dhulia, J.) (Prafulla C. Pant, J.) 22.12.2010 Rathour