RSA No.2739 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.8139-C of 2009 and RSA No.2739 of 2009 Date of Decision:12.08.2010 Kashmira Singh .... appellant Versus Manjit Singh & anr. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: None for the appellant Mr.R.D.Gupta, Advocate for respondent No.1. **** RAKESH KUMAR GARG J.(ORAL): This is plaintiff's second appeal challenging the judgment and decrees of the courts below whereby his suit for declaration and permanent injunction was dismissed. Along with this appeal, an application for condonation of delay of 711 days in filing this appeal has been filed. The only ground submitted before this Court for condoning the aforesaid delay, reads as under: “That the appellant/applicant was badly beaten by the relatives of defendant No.1 in the year 2003 and he is not keeping good health and is illiterate person. Due to this reason he could not contact his counsel and when he contacted his counsel he advised him to file the present RSA No.2739 of 2009 2 appeal against the judgment of the learned District Judge, Fatehgarh Sahib.” Notice of this application was given. Respondents have filed reply to the aforesaid application, wherein the averments made by the applicant-appellant regarding his beating have been denied. Moreover, the incident mentioned by him as aforesaid is of the year 2003, whereas the cause of action to file this appeal had arisen to him only on 20.03.2007 when the impugned judgment and decree was passed against him. Thus, the stand taken by the appellant is palpably false. There is nothing on record on the basis of which it can be held that there were sufficient reasons which prevented the appellant/applicant to file the present appeal within limitation. Hence, no ground for condoning the delay is made out. The application for condonation of delay of 711 days, being devoid of any merit, is hereby rejected. Since the application for condoning the delay in filing this appeal has been rejected, this appeal also does not survive. Dismissed. (RAKESH KUMAR GARG) JUDGE 12.08.2010 neenu