- (1.) C.M. No. 6003-C of 2011 : This is application by appellant for condonation of delay of 1956 days in re-filing the second appeal. Grounds pleaded for the same in paragraphs 2 to 5 are reproduced hereunder : 2. That some objections were raised by the registry branch and the RSA was returned back with the objections on 26.05.2004 and the same was received by Sh. Jawahar Lal Sethi - Clerk of the Counsel and the same was inadvertently put in the admitted cases and he was expired on 16.11.2005 and while arranging the office record the same was located and the objections were immediately removed by the counsel and the RSA was refiled in the Hon'ble High Court on 05.05.2006 as there was delay of (708 days - 40 days) = 668 days in refiling of RSA. 3. That an objection was raised by the branch and the RSA was returned back with objections on 31.05.2006 and the same was received by Sh. N. D. Sharma - Clerk of the Counsel and handed over to Sh. R. K. Sharma - Advocate, who kept the same in his Almirah and he was expired on 04.05.2007 and while arranging the office record, the RSA was located from his almirah and after removing the objections from RSA, the same was refiled on 31.10.2008 as there was delay of (883 days - 40 days) = 843 days in refiling of RSA. Copy of Death Certificate of Sh. Rakesh Sharma - Advocate is annexed as Annexure P-X. 4. That an objection was again raised by the registry branch and the RSA was returned back with objections on 08.12.2008 and due to rush of work the RSA was misplaced and while arranging the record the RSA was located and the objections were immediately removed by the counsel and the same was refiled on 04.05.2009 as there is delay of (146 days - 40 days) = 106 days in refiling of RSA. 5. That an objection was raised by the registry branch and the RSA was returned back on 05.08.2009 and due to rush of work inadvertently the RSA was put in the another brief of admitted cases and while arranging the office record the RSA was located and objections immediately removed by the counsel and the RSA was refiled in the Hon'ble High Court on 20.08.2010 as there was delay of (379 days - 40 days) = 339 days in refiling of Regular Second Appeal.
(2.) I have heard learned counsel for the applicant-appellant and perused the case file.
(3.) A bare perusal of the aforesaid grounds reveals that no sufficient ground for condoning the long delay of 1956 days in re-filing the appeal is made out. The delay is of more than five years. At every stage, it has been pleaded that file was misplaced sometimes in admitted cases and sometimes otherwise and it was always traced while arranging the records. Such specious ground for condoning long delay of 1956 days in re-filing the appeal cannot be accepted.;