MANJIT SINGH Vs. GAMDOOR SINGH

JUDGEMENT

(1.) This is application by Appellant for condonation of delay of 319 days in re-filing the appeal. It is alleged that the appeal, after being filed within limitation, was returned by the Registry by raising some objections on 11.11.2008, but inadvertently, clerk of the counsel put the file of the appeal in some decided case and it was traced only on 02.11.2009, while arranging the files.

(2.) I have heard learned Counsel for the Applicant-Appellant and perused the case file.

(3.) Learned Counsel for the Applicant-Appellant reiterated the stand mentioned in the application. 1 have carefully considered the same, but I find the averments made in the application to be insufficient for condoning the long delay of more than ten months in re-filing the appeal. This standard excuse is taken invariably in almost every case, whenever there is long delay in re-filing the appeal. This excuse cannot be accepted to be genuine one. In addition to it, even when appeal was re-filed, the objections raised by the Registry initially on 11.11.2008 were not removed and the appeal was re-filed without removing the said objections and therefore, the appeal had to be returned again for removing the objections.