R.S.A. No. 4417 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH REGULAR SECOND APPEAL No.4417 of 2010 DATE OF DECISION: MAY 6, 2011 M/s. Sunraj Software Pvt. Ltd. .... Appellant Versus Budhi Ram and another .... Respondent CORAM :- HON'BLE MR. JUSTICE L. N. MITTAL. PRESENT: Mr. Sumeet Goel, Advocate for the appellant. * * * * L.N. MITTAL, J. (ORAL) CM NO. 13257 of 2010 This is an application for condonation of delay of 43 days, which is accompanied by an affidavit. The application is allowed and the delay in filing the appeal is condoned. RSA NO. 4417 of 2010 Defendant no.2 Sun Raj Software Private Limited has filed the instant second appeal after both the defendants i.e. appellant and respondent no.2 (defendant no.1) failed in both the courts below. I need not go into detailed facts of the case because the case is covered against the appellant by judgement and order dated 10.2.2011 passed by this Court in R.S.A No. 724 of 2011 titled as M/s. Sun Raj Software Pvt. Ltd. Vs. Shri Ram Saran and another, being on similar facts. R.S.A. No. 4417 of 2010 -2- Learned counsel for the appellant contended that proper opportunity was not given to the defendants to lead their evidence. This contention although apparently forceful, cannot be accepted in the facts and circumstances of the instant case. Defendants stated in the trial court that original power of attorney in question is not in possession of defendant no.1 because the same has been misplaced. Even now it is not asserted that the said power of attorney has been traced or has become available. In the absence of original power of attorney, the defendants have no case. Even if for the sake of argument, the original power of attorney is assumed to have been executed, even then the sale-deed executed pursuant to the power of attorney is not valid in view of Section 28 of the Registration Act. Consequently, it would be futile to remand the suit to the trial court for granting opportunity to the defendants to lead evidence. For the reasons aforesaid, I do not find any merit in the instant second appeal, which is accordingly dismissed. ( L. N. MITTAL ) JUDGE 6.5.2011 Anjal