R.S.A. No.856 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.2559-C of 2008 and R.S.A. No.856 of 2008 (O&M) Decided on : 10-02-2010 Himanshu Metals .... Appellant VERSUS M/s ESSEL International Ltd. & another .... Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER. Present:- Mr. Lokesh Sinhal, Advocate, for the appellant. Mr. Manish Jain, Advocate, for the respondents. MAHESH GROVER, J (Oral). This appeal has been filed along with an application for condonation of delay of 1088 days. Learned counsel for the appellant has contended that the firm has shifted its operations elsewhere and no communication was received from the counsel at the new address. He thus contended that on account of this miscommunication, delay of 1088 days has occurred. The application is seriously opposed by the learned counsel for the respondents, who has contended that the reason given is not sufficient and no plausible explanation is forthcoming on the basis of which such an inordinate delay has occurred. After hearing learned counsel for the parties, I am of the R.S.A. No.856 of 2008 (O&M) -2- opinion that the application is totally misconceived. No doubt that law of limitation has to be construed liberally so as not to prejudice the case of a litigant but at the same time, a person who is lax in his attitude and not vigilant enough to attend to the proceedings, cannot be granted such a benefit. The explanation given is certainly not creditworthy. If the counsel did not inform the appellant then similarly the appellant also failed to follow his case. It is also the duty of a litigant to follow up the matter and it cannot be accepted that merely because counsel did not inform the appellant, the delay has occurred. The appellant also failed in his duty to verify the status of the case from his counsel. This explanation therefore cannot be accepted to be a good ground to condone the delay, more so, when he is not an illiterate & ignorant person. No ground to condone the delay. Dismissed on the point of limitation. 10th February, 2010. (MAHESH GROVER) Monika JUDGE