KRISHAN DEV DHIMAN Vs. MAHESH BHATIA

JUDGEMENT

(1.) Reply to the application for condonation of delay has been filed today in Court. The same is taken on record. Copy of the reply has also been supplied to the counsel opposite.

(2.) HEARD the learned counsel for the parties at length.

(3.) THE grounds for condonation of delay in refiling the appeal are indicated in paragraphs 2 and 3 of the application, which are reproduced hereunder : "2. That the Registry raised objections and after complying with the objections the appellant filed the appeal on 24.02.2003 and again objections raised and refiled on 03.07.2003, 21.02.2004 and lastly on 21.09.2004 after removing the objections and thereafter it was found that it has caused delay of 753 days in refiling the same beyond 40 days. 3. That this delay of 753 days in refiling has been caused as the Clerk of the counsel misplaced the same and has now left the service with the counsel and the appeal has been filed now on finding the same. Thus, the delay is neither wilful nor intentional but due to the reasons mentioned above beyond control."