CM No.1720-C of 2008 and -1- RSA No.542 of 2008 In the High Court of Punjab and Haryana at Chandigarh. Date of decision:27.02.2008. Surinder Singh ... Appellant Versus Gurmail Singh ... Respondent CORAM HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.M.S.Cheema, Advocate,for the appellnat. PERMOD KOHLI, J. (Oral): Delay of 338 days in refiling the appeal is sought to be condoned through the medium of this application. The only ground for seeking condonation is mentioned in paragraph 2 of the application which reads as under:- “That initially the applicant/appellant had filed the appeal in this Hon'ble Court through his counsel well in time but after scrutiny the registry raised certain objections in view of which the appeal was taken back by the clerk of the counsel for the appellant and who subsequently, put the paper book of the appeal in some other brief and which was later on not traceable.” CM No.1720-C of 2008 and -2- RSA No.542 of 2008 From the reading of the aforesaid paragraph, it appears that no details have been given as to when the file was tagged with other papers and when was it retrieved. I have seen that similar grounds are raised in almost 99% of the case for seeking condonation of delay that came before me. Since the appellant has filed the appeal, it was his duty also to contact his counsel and follow his case. The appellant seems to be totally callous and negligent in pursuing his case. The explanation tendered is not sufficient and lacks necessary details and is not convincing. I have already taken a view in C.M.11634-C of 2007 in RSA No.4122 of 2007, decided on 18.01.2008 (Bhagwana Vs. Tara Chand and others) where the scope of Rule 5 of Chapter 1, Part-A of the Rules and Orders of Punjab and Haryana High Court, Volume-5, has been considered and condonation of delay under similar circumstances declined. This application is without any merit and the same is hereby dismissed and consequently the appeal. 27.02.2008. (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES/ NO