RSA No.2335 of 2007 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 07.07.2008. Surinder Kaur ... Appellant. Versus Gurnam Singh ... Respondent. CORAM HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Mohd. Salim, Advocate, for the applicant-appellant. PERMOD KOHLI, J. (Oral): CM No.6634-C of 2007 Heard. For the reasons recorded in the application, the same is allowed. Delay of one day in filing the appeal is condoned. CM No.6635-C of 2007 & RSA No.2335 of 2007 Through the medium of this application, delay of 765 days in re-filing the appeal, is sought to be condoned. The grounds for condonation of delay are indicated in paragraph 3 of the application, which is reproduced hereunder:- “3. That the said appeal could not be re-filed within the time because the brief was misplaced by the clerk of the counsel for the appellant because RSA No.2335 of 2007 (O&M) -2- the same put in the decided cases.” Similar question has been considered by this Court in RSA No.4122 of 2007, decided on 18.01.2008,wherein the following observations are made:- “However, in the present case, it is not the case of the applicant-appellant that after the file was misplaced any effort was made by the learned counsel or his clerk to trace the file. Rather, the clear case is that the learned counsel as well as his clerk forgot about the case. Even the applicant- appellant (client) did not bother to enquire about his case from his counsel. This is a case of total callousness and negligence on the part of the applicant/appellant.” I am not impressed by this argument. It is the duty of the party also to follow his/her case. It cannot be believed that the applicant- appellant has not bothered to enquire about his case for such a long period. If he has not taken any interest, it is sheer negligence on the part of the applicant-appellant. In the absence of there being any details about the time when the file was misplaced and when it came to the notice of the party/counsel, the grounds urged in paragraph 3 of the C.M.Applicaton cannot be taken on its face value. In view of the above, present application for condonation of RSA No.2335 of 2007 (O&M) -3- delay of 765 days in re-filing the appeal is dismissed. In view of the dismissal of the application for condonation of delay in re-filing the appeal, the main appeal is also dismissed. 07.07.2008. (PERMOD KOHLI) BLS JUDGE Whether to be referred to the Reporter? NO