The law of limitation must be applied with rigour, and condonation cannot be granted on compassionate or equitable grounds.

PERMOD KOHLI, J. - Through the medium of this application, delay of 688 days in re-filing the appeal, is sought to be condoned.

2. The grounds for condonation of delay are indicated in paragraphs 2 and 3 of the application, which are reproduced hereunder:-

“2. That the appeal was filed on 26.11.2005 and the same was returned by the Registry lastly on 24.12.2007 with some objections.

3. That the said appeal could not be refiled within the time because the brief was misplaced by the clerk of the counsel during the shifting of the office of counsel for the appellant from House No.1327 Sector 4, Panchkula to House No.1667 Sector 4, Panchkula and during this shifting this brief was inadvertently put among the admitted cases by the clerk and skip from the mind of the counsel and his clerk. And now when the client asked about the status then it was searched and the same was found in the store room in admitted cases.”

3. In view of the allegations made in paragraph 2 of the application, I called report from the Registry. From the Report, it appears that the appeal was presented on 26.11.2005. The Registry raised the following objections:-

“1. Opening sheet not filed.

2. Substantial question of law be mentioned in grounds of appeal.

3. Page marking not done.

4. Trial Court judgment be filed before appellate Court judgment.

5. How this case is within limitation?

6. Fair typed copies of judgment and decree be filed.”

4. Thereafter the file was handed over to the appellant on 24.12.2005. The appeal remained pending with the counsel for the appellant and it was refiled on 20.12.2007 as is evident from the original record produced before me. This also bears the endorsement by the learned counsel wherein he has mentioned that “needful has been done and refiled. Sd/-Advocate., 20.12.2007.” There is stamp by the Dealing Assistant also showing that the appeal was refiled on 20.12.2007 at 11.45 A.M. under endorsement No.154727.

5. Rule 5 of Chapter 1, Part-A of the Rules and Orders of Punjab and Haryana High Court Volume-5 (hereinafter referred to as “the Rules”), deals with the limitation for filing the appeal which reads as under:-

“5. Amendment-(1) The Deputy Registrar may return for amendment and refiling within a time not exceeding 10 days at a time, a 40 days in the aggregate, to be fixed by him any amendment of appeal for the reasons specified in Order XLI, Rule 3, Civil Procedure Code.

(2) If the memorandum of appeal is not amended within the time allowed by the Deputy Registrar under sub-rule (1) it shall be listed for orders before the Court.”

6. In view of the aforesaid rule, the returned appeal after removal/rectification of the objections, is required to be re-filed within 10 days. However, the period can be again extended after the expiry of 10 days for another 10 days and so on and, in any case, not exceeding 40 days in the aggregate.

7. In the present case, after the receipt of the appeal from the Registry on 24.12.2005 it was neither refiled in the Registry within 10 days nor any extension in time was sought from the Deputy Registrar concerned in terms of rule 5 (1) and the appeal has been refiled only on 20.12.2007 i.e. after 688 days. The applicant in paragraph 2 of the application has misrepresented the facts by saying that the appeal was originally filed on 26.11.2005 and the same was returned by the Registry lastly on 24.12.2007 with some objections. This statement is totally false and contrary to the record. On presentation of the appeal on 26.11.2005, it was returned to the learned counsel for the applicant-appellant on 24.12.2005 and not on 24.12.2007, as has been mis-stated in paragraph 2 of the application. This mis-statement itself, is sufficient to refuse judicial discretion in favour of the applicant-appellant. Even otherwise, the only ground for condonation of delay is contained in paragraph 3 of the application wherein it is stated that the brief was misplaced by the Clerk of the counsel during the shiftin