R.S.A. No. 3394 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 3394 of 2007 (O&M) Date of decision: 06.02.2009 Tejpal ....Appellant Versus Shree Parkash and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Ramender Chauhan, Advocate, for the appellant. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 9440-C of 2007 This is an application seeking condonation of delay of 277 days in refiling the appeal. The grounds taken in the application read as under: - “That after meeting out the objections, the counsel for the appellant filed this appeal again in this Hon'ble High Court. The registry branch of this Hon'ble High Court has again raise some objections vide endorsement dated 25.1.07. That now the appeal is being filed after due compliance with the meted out all the objections and with necessary application. That in this way the delay of 227 days has occurred in re-filing the appeal which is not intentional rather the same is the result of banafide unavoidable circumstaces. The delay of 277 days in filing the appeal is bonafide and unintentional. That the delay in re-filing the appeal is not R.S.A. No. 3394 of 2007 (O&M) -2- condoned then the appellant would suffer an irreparable loss and injury.” However, 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, this application cannot be accepted, as the appellant has failed to show sufficient cause for condonation of delay of 277 days in refiling the appeal. Dismissed. R.S.A. No. 3394 of 2007 Keeping in view that the application for condonation of delay in refiling the appeal stands dismissed, the appeal is dismissed as time barred. (Vinod K. Sharma) Judge February 6, 2009 R.S.