ISHWAR Vs. SONU

JUDGEMENT

(1.) Present appeal is accompanied by an application bearing CM-3639-C-2020 to condone the delay of 494 days in refiling the appeal.

(2.) It is contended by learned counsel that though the appeal was filed within limitation, but some objections were raised by the Registry. The clerk of the counsel took the paper-book from the Registry and inadvertently put the same in brief of contested cases and it is only when the appellant verified about the filing of the appeal with the counsel that he came to know that appeal had not been refilled. On searching, the paper book was found in some other brief and all this has caused a delay of 494 days.

(3.) After hearing learned counsel, this Court does not find any merit in the application. Though application is supported by Advocate of the appellant, but neither the name of the Clerk to the counsel has been disclosed, who had put the file of this case in another brief, nor affidavit of any such clerk of the counsel has been placed on record.