In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. M-254 of 2009 (O&M) Date of decision: December 14, 2009 Kuldeep Singh .. Appellant Vs. Suman Devi .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Ashwani Kumar Bura, Advocate for the appellant. Mr. Inder Pal Goyat, Advocate for the respondent. A.N. Jindal, J The appellant-Kuldeep Singh has appealed against the judgment and decree dated 14.5.2008 passed by the learned Additional District Judge-I, Jind, awarding decree of divorce in favour of Suman Devi- petitioner now respondent (herein referred as 'the respondent'). The appeal being hopelessly time barred is accompanied by an application for condoning the delay of 409 days. The only ground set up in the application for condonation of delay is that the order passed on 14.5.2008 by the learned Additional District Judge-I, Jind was not communicated to him by his counsel up to 25.7.2009, therefore, the delay occurred. Heard. The admitted case of the appellant is that he was appearing in the other case initiated by the respondent under Section 498-A/406 IPC, therefore, certainly, he must have inquired about the fate of the instant case. In any case, the judgment was passed in the presence of the learned counsel for the appellant and it would be presumed that the counsel must have communicated about the judgment to the appellant. The lack of communication appears to have been made a device to seek condonation. No grounds to condone the delay. Hence the application is dismissed. Consequently, the appeal also fails. December 14, 2009 (A.N. Jindal) deepak Judge