VALMIKI J. MEHTA, J.

CM No.27569/2016 (Exemption)

1. Exemption allowed subject to just exceptions. CM stands disposed of.

CM No. 27570/2016 (Delay of 7 days in re-filing)

2. For the reasons stated in the application delay in re-filing is condoned. CM stands disposed of.

CM No.27568/2016 (delay of 858 days in filing the appeal) & RSA No.201/2016

3. This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the concurrent judgments of the courts below whereby the suit filed by the plaintiff, a subscriber of a chit of a chit fund company, has been dismissed as against the Registrar of Chit Funds/defendant no.2/respondent no.2, and against which defendant no.2 directions were sought for winding up the two chits bearing no. PB/VIII and PS/XVII of the Chit Fund Company which was the defendant no.1 in the suit/respondent no.1 herein.

4. This is an application in this RSA for condonation of delay of 858 days in filing of this second appeal. The only facts averred for seeking for condonation of delay are contained in paras 3 and 4 of the application and which paras read as under:-

“3. That the file of the case was misplaced and could not be trace