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2017 (5) TMI 581 - PUNJAB AND HARYANA HIGH COURTCondonation of delay of 326 days - Held that:- Actual matrix in this case seeking condonation of inordinate delay of 326 days in filing and 1334 days in refiling the appeal, we do not find any merit in the same. The question regarding whether there is sufficient cause or not depends upon each case and primarily is a question of fact to be considered taking totality of events which had taken place in a particular case. In the present case after appreciating the matter it cannot be said that there was sufficient cause for condonation of delay. The Tribunal had decided the matter on 25.11.2011. However, the appeal before this Court was required to be filed within the stipulated period of limitation. However, the appellant instead of filing the appeal within time, filed an application which was dismissed by the Tribunal vide order dated 30.10.2012. But the appellant filed the appeal on 27.2.2013 before this Court after the delay of 326 days and lastly refiled on 7/8.2.2017 after a colossal delay of 1334 days. The plea of the appellant would not satisfy the test of sufficient cause. The explanation of the appellant praying for condonation of delay in filing and refiling the appeal, as noticed hereinabove, is bereft of sufficient cause for delay caused in filing the appeal. Further, a stale matter cannot be revived by approaching the Court belatedly. Thus applications for condonation of 326 days' delay in filing and 1334 days' in refiling the appeal dismissed.
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