IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.4459 of 2011(O&M) Date of decision: 15.11.2011 Labh Singh ......Appellant(s) Versus Union Territory, Chandigarh ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. P.C. Dhiman, Advocate for the appellant. Rakesh Kumar Garg, J. (Oral) There is a delay of 307 days in filing this apeal . The following averments have been made in support of the application for condonation of delay which reads thus: “That the learned reference Court vide award dated 6.3.2010 has disposed of 82-land reference cases by one common award. Shri Mohan Singh Rana, Advocate, who was engaged by the appellant as counsel in the reference Court did not inform the appellant about the decision of the reference. The appellant came to know about the decision of his case only on 3.3.2011 when he contacted the undersigned counsel regarding fate of other connected cases out of some other acquisitions of village Lahora, U.T. Chandigarh and he came to know that the land reference case qua his land situated in village Sarangpur, U.T., Chandigarh has already been decided on 6.3.2010 after remand from the Hon'ble High Court.” Thus, the defence has been taken that the applicant was not in the knowledge of the decision of the Reference Court for want of any information from his counsel. However, there is no such averment that it was the duty of the counsel to inform him with regard to the decision of his RFA No.4459 of 2011(O&M) -2- case. It was for the appellant to pursue his remedy with due diligence. Thus, the plea seems to have been taken to cover up appellant's own fault. No sufficient cause has been shown to condone the delay. Thus, prayer is rejected. Resultantly, the appeal and other applications do not survive and dismissed as such. November 15, 2011 (RAKESH KUMAR GARG) ps JUDGE