ORDER NO.4     DATED 01.07.2014

          Record is put up for passing order in respect of the delay condonation petition of the Appellants.

          Ld. Advocate for the Appellants has said that in the passing of the ex parte against these Appellants, there has been no intentional laches on the part of the Appellants. He has further mention that in the matter of the claim of the Complainant, there has been merit to contest the matter by the Appellants.

          Ld. Advocate for the Respondent, however, has submitted that there has been no sufficient cause in the matter for the delay, let even a remote cause. The negligence on the part of the Appellants is very much crystal clear by the assertion in paragraph no.2 of the petition, which gives out indulgence and willful negligence in the matter of ex parte hearing of the complaint case. He has relied upon a decision of the Hon’ble National Commission, reported in 2013 (4) CPR 38 (NC), in which it has been deliberated that the litigant must pursue his case in a diligent manner. In that case, as a valuable right has accrued in favour of the Complainant, and that carelessness and negligence on the part of the Appellants is writ large since he has been contesting the litigation in a very careless and casual manner, the said revision has been dismissed by the Hon’ble National Commission with a cost of Rs.5,000/-.

             This case is also of the same and similar nature as before the Hon’ble National Commission. The case has not at all been pursued from the end of the Appellants in any manner, and the approach is very casual which is writ large in the averment of the petition.

             There is no sufficient ground enabling condonation of delay in the preferring of the appeal. Accordingly, such an inordinate delay of about 144 days beyond the statutory period is not waived. Consequently, the instant petition is rejected, and further, the appeal is also dismissed being barred by limitation.