CM No.9716-CI-2009 and -1- RSA No.3179 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.9716-CI-2009 and RSA No.3179 of 2009 (O&M) DATE OF DECISION: 12.08.2010 **** Darshan Kumar . . . . Appellant VS. Surjit Kaur and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Rajinder Singla, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 102 days in filing the appeal. The First Appellate Court passed the judgment and decree on 03.02.2009. Certified copy was applied on 5.2.2009. It was prepared and delivered on 18.2.2009. The present appeal, however, has been filed on 28.8.2009, after a delay of 102 days. The only reason assigned in the application is that the appellant could not arrange sufficient funds to file the present appeal, therefore, the delay had occurred. Applicant is the plaintiff, who has filed the suit for specific performance of agreement to sell dated 12.8.1998 which has been partly decreed by the learned trial Court in respect of alternative relief of CM No.9716-CI-2009 and -2- RSA No.3179 of 2009 (O&M) recovery of Rs.2,50,000/- with proportionate costs along with interest @ Rs.6% per annum from the date of execution till its realization. No evidence has been placed on record in support of his application that the petitioner is a poor person and he could not even arrange an amount of Rs.5533.70/- which is affixed as Court fee in appeal because of which he could not file the same in time. If the plaintiff/applicant could purchase the property and alleges that he is ready and willing to make the payment of balance sale consideration, this Court cannot believe that he could not arrange even the minimum expenses for the purpose of filing of the appeal. Thus, I find that the averments made in the application are totally false and as such the present application is dismissed. Consequently, the appeal is also dismissed. (RAKESH KUMAR JAIN) 12.08.2010 JUDGE Vivek