O R D E R

By way of this application, the applicant-appellant has prayed for condoning the delay of 10 years and 29 days’ in filing the instant appeal. It is averred in the application that the entire case file was got misplaced and after hard efforts, the same was traced on 16.12.2014 and on the same day the appeal was prepared and drafted. Thereafter, on the next day, the appeal was filed. It is further averred that delay of 10 years and 29 days’ in filing the appeal is not intentional, but due to the reasons stated in the application. It is lastly prayed that the application be allowed.

2. Reply to the application has been filed by non- applicant/respondent No.1. In the preliminary submissions, it has been averred that the present appeal preferred by applicant-appellant, Hoshiar Singh, against the judgment and decree dated 9.8.2004, passed by learned MACT (I), Kangra at Dharamshala, (in short ‘MACT’) was barred by limitation and applicant-appellant has not disclosed the complete material facts, as such he is guilty of suppressio-veri. It is further submitted that applicant/-appellant was very much aware of the facts and the entire case file was also in his exclusive possession. P