IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** FAO No.1748 of 2011 (O&M) Date of Decision:13.01.2012 Bauke Rajak . . .Appellant Versus The Union of India and another . . . Respondents ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Ms.Anamika Mehra, Advocate, for the petitioner. Mr.Karamjit Verma, Advocate, for the respondent. ***** RAKESH KUMAR JAIN, J. (ORAL) CM No.5385-CII-2011 in FAO No.1748 of 2011 (O&M) This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 853 days in filing of the appeal. The reason assigned in the application for delay is that the petition was allowed on 11.7.2008 but the appellant came to know about the decision on 7.11.2009. He contacted an Advocate on 15.11.2010 and the appeal was filed on 23.12.2010, in this process delay of 853 days in filing of the appeal has been caused. In reply to the application, learned counsel for the respondents has submitted that the appellant has not come to the Court with clean hands as he has wrongly averred in his application which is even supported by his affidavit that he came to know about the decision of this case on 7.11.2009 as he had already received the amount of compensation on 30.9.2008 vide cheque No.G-221430 dated 4.9.2008 and put his signatures thereto. Copy of the receipt dated 30.9.2008 has also been annexed as Annexure R-1. In view thereof, I do not find it to be a fit case for condonation of delay of 853 days in filing of the appeal. Hence, the application is hereby dismissed. Consequently, the appeal is also dismissed. (RAKESH KUMAR JAIN) JANUARY 13, 2012 JUDGE Vivek