BALWANT SINGH Vs. UOI

JUDGEMENT

(1.) This is an application for condonation of delay in filing CM No.16729/2011, seeking restoration of this appeal which was dismissed in default and for nonprosecution on 29.4.2004. There is delay of as much as 2660 days (7 years and 105 days). The following are the reasons given in the application, for condonation of this abnormal delay of more than 7 years:

(2.) When this application was taken up for hearing on 22.9.2011, the learned counsel for the appellant/ applicant stated that ever since the year 2004, till the date of filing of the present application for restoration, the appellant has been unaware of the status of the present case, as he had been advised by his previous counsel that he would get an intimation as to when the matter would be listed for hearing in the "regular list" and since no such intimation was received by the appellant, he assumed that the appeal remaining pending for hearing. Thereupon, the appellant was directed to file affidavit giving details of his educational qualifications and the profession pursued by him. He was also directed to explain as to whether he had withdrawn the amount awarded under the impugned judgment dated 15.01.2003 passed by the Reference Court and, if so, the date on which the said amount was withdrawn by him. He was also directed to intimate as to who was the counsel who was originally conducting the case.

(3.) In compliance of the aforesaid order, the appellant filed affidavit wherein he has stated as under: