Tarlok Singh Chauhan, Judge (Oral).

The appellant/applicant by medium of this application has sought condonation of 331 days in filing of the appeal. It is claimed that the applicant is an old man of 81 years of age and had a fracture of right hip, for which he was operated. He was not aware of the fact that his appeal pending before the learned District Judge was decided against him on 3.4.2013 as he was not informed of the same by his advocate. It is further alleged that since he was taking treatment for his injuries and is not residing at his native village and it is only in the month of April, 2014 that he came back to the village and contacted his counsel at Hamirpur on 21.4.2014 and he learnt that his appeal had been dismissed on 3.4.2013. It is then claimed that he could not come to Shimla for filing of the appeal as he had suffered minor heart attack and remained bed ridden and thereafter could contact his counsel and drafted the appeal on 14.5.2014, which was filed in this Court on 30.5.2014.

2. The respondent filed reply wherein it was claimed that the grounds taken by the applicant to show sufficient cause were in fact unbelievable, apart from the same being total