In the High Court for the States of Punjab and Haryana at Chandigarh. RSA No.1127 of 2010 (O&M) Decided on 27.8.2010. Ali Hassan --Appellant vs. Municipal Council, Ambala Sadar, and another --- Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Vineet Chaudhary,Advocate,for the appellant Rakesh Kumar Jain, J, This is plaintiff's second appeal against the judgment and decree of both the Courts below, whereby suit of the plaintiff was dismissed by the trial Court on merits and his appeal is dismissed by the first Appellate Court on the ground of limitation. The trial Court dismissed the suit of the plaintiff on 25.2.2009. He applied for certified copy on 6.5.2009. It was supplied to him on 11.5.2009 but the appeal was filed on 20.5.2009 after a delay of 49 days. Reason for delay was that the appellant had suffered an injury on 29.2.2008 but he could not produce any evidence on record in this regard before the Court below. Therefore, his appeal was dismissed as time barred. In the present appeal, the appellant has also filed an application to place on record treatment record of the appellant as Annexures A1 to A4. As per this record, the appellant had suffered an injury on 29.2.2008. RSA No.1127 of 2010 (O&M) -2- There is no explanation still forthcoming as to why even after the expiry of one year from the date of injury, he could not file the appeal in time because certified copy by itself was applied after the expiry of limitation as the judgment and decree of the trial Court was passed on 25.2.2009 and certified copy was applied on 6.5.2009 whereas he suffered the injury on 29.2.2008. In view thereof, I do not find any justifiable reason to set aside the judgment and decree of the Court below by which appeal filed by the appellant has been dismissed on the ground of limitation. Hence, the present appeal is found to be without any merit and the same is hereby dismissed in limine. 27.8.2010 (Rakesh Kumar Jain) RR Judge