CM No. 13885-CII of 2007 and FAO No. M-174 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 13885-CII of 2007 and FAO No. M-174 of 2007 Date of decision: 26.11.2009 Charanjit Singh ....Appellant Versus Dalwinder Kaur ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. J.S. Gill, Advocate, for the appellant. Mr. Kanwaljit Singh, Sr. Advocate, with Mr. Harmanjit Singh, Advocate, for the respondent. ***** VINOD K. SHARMA, J (ORAL) CM No. 13885-CII of 2007 This application under Section 5 of the Limitation Act has been moved for condoning the delay of 664 days in filing this matrimonial appeal. It is pleaded in the application itself that the applicant- appellant was aware of the judgment and decree passed by the learned Court and had delayed the filing of the appeal on the plea that attempts were being made to compromise the matter, which failed. The plea of attempt of compromise is not admitted by the respondent. The pleadings, which are supported by an affidavit, by no CM No. 13885-CII of 2007 and FAO No. M-174 of 2007 -2- stretch of imagination can be said to constitute sufficient ground for condoning the delay of 664 days in filing this appeal. The averments made even if accepted in totality, do not make out sufficient cause for condonation of delay. Dismissed. FAO No. M-174 of 2007 Dismissed as time barred. Oral prayer of the learned counsel for the appellant for return of original copy of compromise deed placed on record is accepted. The office is directed to return the original compromise deed by substituting it with the photocopy. (Vinod K. Sharma) Judge November 26, 2009 R.S.