R.S.A. No. 1612 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 1612 of 2008 (O&M) Date of decision: 27.03.2009 Smt. Maninder Kaur ....Appellant Versus Smt. Gurpreet Kaur and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Amit Rawal, Advocate, for the appellant. Mr. Sandeep K. Sharma, Advocate, for the respondents. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 5090-C of 2008 This is an application under Section 5 of the Limitation Act for condoning the delay of 111 days in filing the present appeal. The ground taken for condoning the delay is that the applicant/appellant was suffering from spondilitis and joint pain and, therefore, was unable to move. It is the case of the appellant/applicant that the counsel could not be contacted within the period of limitation. In support of pleading, a medical certificate from registered medical practitioner has been placed on record showing that a rest of 104 days was advised from 20.3.2007 to 1.7.2007. The reading of the averments made in the application does not R.S.A. No. 1612 of 2008 (O&M) -2- make out a sufficient cause for condoning the delay of 111 days in filing the appeal. The application is opposed by the learned counsel for the respondents on the plea that there is no possibility of a person being advised a rest of 104 days, as claimed for tratment of spondilitis. It is further the contention of the learned counsel for the respondents that the plea has been raised merely to cover up the delay, and no authenticity can be attached to such certificate, which is contrary to medical jurisprudence. On consideration of the matter, I find force in the contentions raised by the learned counsel for the respondent/non-applicants. The ground taken for condoning the delay of 111 days in filing the appeal cannot be accepted, as the pleas raised do not make out sufficient cause. Consequently, the C.M. is ordered to be dismissed. R.S.A. No. 1612 of 2008 Keeping in view that the application for condonation of delay in filing the appeal has been dismissed, the appeal is dismissed as time barred. (Vinod K. Sharma) March 27, 2009 Judge R.S.