RSA No. 3112 of 2009(O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh … RSA No. 3112 of 2009(O&M) Date of decision: July 28,2010 HUDA and another ..Appellant. Versus Shashi and another ..Respondents Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: Ms.Preeti Khanna, Advocate for the appellant. Mr. P.C.Gupta, Advocate for respondents .. Rakesh Kumar Garg,J In a suit for declaration filed by the plaintiff-respondent, while dismissing the suit on the question of maintainability and jurisdiction, the trial Court granted relief. The argument raised before this court is that despite the fact that courts below have held the suit not maintainable being barred by jurisdiction, still a relief has been granted to the plaintiff-respondent by the trial Court. The argument is noticed only to be rejected. Admittedly, the appellant has not filed any appeal challenging the judgment and decree of the trial court whereby the alleged relief has been granted to the plaintiff-respondent. Not only this, in the appeal filed by the plaintiff-respondent before the lower Appellate Court, no argument was raised in this regard by the appellant despite the fact that it could have been done so either under Order 41 Rule 22 or Order 41 Rule 33 of Code of Civil Procedure. In this view of the matter, I find no merit in this appeal and no substantial question of law as argued can be said to be arising in the present appeal. RSA No. 3112 of 2009(O&M) 2 C.M.No.9403-C of 2009 The only ground taken for condonation of delay in this application is that the matter was being examined at various levels in the department and further action is being taken against the erring officials. The ground taken by the appellant is not plausible. There is no explanation as to why it remained pending for examination for so long. Thus there are no sufficient reasons to condone the delay. Since this appeal is being dismissed on merits, the application for condonation of delay of 1413 days does not survive. Dismissed. July 28,2010 (RAKESH KUMAR GARG) nk JUDGE