Prathiba M. Singh, J.

CM APPL. 38630/2016 (delay in filing), CM APPL. 38631/2016 (delay in re-filing), CM APPL. 38629/2016 (stay) in RFA 821/2016

1. Arguments have been heard on the applications for condonation of delay in filing and re-filing as also on merits.

2. The present appeal impugns order dated 20th July, 2015 passed by learned Additional District Judge by which the suit by the Respondent/Plaintiff (hereinafter ‘Plaintiff’) has been decreed for a sum of Rs.50,000/- along with the pendente lite and future interest @ 6% per annum.

3. The limitation period for filing the appeal expired on 19th October, 2015. The appeal was filed on 29th January, 2016 and on the same date the Registry scrutinized the appeal. The matter was returned under objections. On 5th October 2016, the appeal was re-filed. The Appellant (‘hereinafter MCD’) prays for condonation of delay of 97 days in filing the appeal and 215 days in re-filing the appeal.

4. The Court has perused the reasons given in both the applications. There is no plausible and valid explanation firstly in filing, inasmuch as the certified copy was obtained by the MCD on 31st August, 2015 itself. Despite that, the appeal was not