RSA No. 3919 of 2007 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RSA No. 3919 of 2007 (O&M) Date of Decision : 29.1.2009 Gurdial Kaur .......... Appellant Versus State of Punjab & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Ashok Singla, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 11087-C of 2007 This is an application under Section 151 of the Code of Civil Procedure for condoning the delay of 199 days in re-filing the appeal. The only ground taken for condonation of delay in refiling the appeal is reproduced as under :- “That after the objections dated 21.02.07 by the registry, the appeal was taken back to refile it after complying with the objections and it was to be refiled within 40 days i.e. upto 2.4.07 but the delay of 199 days has occurred in good faith as due to some renovatiuon in the office in the end of February, the case could not be attended as the file of the case was misplaced and it could not be traced out despite sufficient efforts. On RSA No. 3919 of 2007 (O&M) -2- 13.10.07, search was made in the new/sub-office in Section 49-A and all the briefs were arranged and during the said process, the file was traced as it was lying in admitted case. It appears that by mistake, it was mixed with the admitted cases and thus after doing the needful, the appeal is being refiled.” In view of the law laid down by this Court in the case of Krishan Dev Dhiman Vs. Mahesh Bhatia & others 2008(4) PLR 23, this application deserves to be dismissed as no sufficient cause is shown for condoning the delay of 199 days in re-filing the appeal. This application is dismissed. RSA No. 3919 of 2007 Dismissed as time barred. 29.1.2009 ( VINOD K. SHARMA ) 'sp' JUDGE