R.S.A. No. 3417 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 3417 of 2008 (O&M) Date of decision: 27.04.2009 State of Haryana ....Appellant Versus Narinder Kumar and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Sanjiv Kaushik, Addl. A.G., Haryana. Mr. B.S. Bedi, Advocate, for respondents No. 1 to 5, 7 and 8. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 10172-C of 2008 This is an application under Section 5 of the Limitation Act for condoning the delay of 61 days in filing the appeal. The only ground taken for condonation of delay in filing the appeal reads as under: - “That the appellant could not file the present Regular Second Appeal within the prescribed period of limitation as the appellant has applied for the certified copy of the judgment and decree passed by the First Appellate Court on 1.8.2008 and the same got attested and delivered to the applicant-appellant on 5.8.2008. After obtaining the certified copies of the relevant judgment, decree and other document, the same were forwarded to R.S.A. No. 3417 of 2008 (O&M) -2- the office of Legal Remembrance for obtaining necessary permission to file the present appeal in this Hon'ble Court. The appellant being not conversant with the legal intricate could not file the present appeal well within time on account of communication with the office of the Legal Remembrance and as such the present appeal is being filed after due sanction from the competent authority." The averments, referred to above, though supported by an affidavit, cannot be believed that the State is not aware of intricacies of law, as contended. The averments made, even if termed to be true, do not make out sufficient cause for condoning the delay of 61 days in filing the appeal. Dismissed. R.S.A. No. 3417 of 2008 Keeping in view that the application for condonation of delay stands dismissed, the appeal is ordered to be dismissed on the ground of limitation. (Vinod K. Sharma) Judge April 27, 2009 R.S.