JUDGMENT M.C.C. No. 291/95 has been filed by the applicant for setting aside the order passed by this Court on 18.4.1994; whereby the First Appeal No. 239/92 filed by the appellant/applicant was dismissed for non-payment of Court-fee. The order dated 18.4.1994 reads as under :- "18.4.1994. -- Smt. Shimla Jain, Advocate, for the appellant. The appeal is not properly constituted inasmuch as, Court-fee has not been paid. Learned counsel was granted time for taking steps into the matter on 24.6.93. Mrs. Jain, however, states that the appellant has not responded to her several letters and that is the reason why neither the Court fee has been paid nor application u/s. 149 C.P.C. filed. In view of the aforesaid statement of the learned counsel the Court has no option, but to dismiss the appeal as not filed in accordance with law. The appeal is accordingly dismissed. Sd/- G.C. Gupta S/d- D.K. Jain Judge Judge" The appeal was preferred in the year 1992. Number of opportunities were given to pay Court-fee. Ultimately learned counsel for the appellant showed helplessness. Counsel for the appellant sent several letters to the appellant but no response was evoked from the appellant and therefore the Court had no option but to dismiss the appeal on 18.4.1994. The appeal remained defective from 1992 to 1994 for want of Court-fee. Ultimately the Court dismissed the appeal on, 18.4.1994. Now after one year the applicant has moved application for setting aside the order of this Court dated 18.4.1994 stating that no communication was received from the counsel for filing Court-fee. Therefore, by this application the appellant is prepared to file Court-fee and prays for order passed by this Court dt. 18.4.1994 be set aside. We have heard Shri B.K. Rawat learned counsel for the applicant and also we have perused the order passed by this Court dt. 18.4.1994 as well as application filed by the applicant for condonation of delay. This appeal was filed in the year 1992 and for 2 years neither Court-fee was filed nor application u/s. 149, CPC for extension of time was moved by the appellant. Learned counsel for the appellant pleaded her helplessness for non-cooperation of the appellant. 18.4.1994 as well as application filed by the applicant for condonation of delay. This appeal was filed in the year 1992 and for 2 years neither Court-fee was filed nor application u/s. 149, CPC for extension of time was moved by the appellant. Learned counsel for the appellant pleaded her helplessness for non-cooperation of the appellant. Now the appellant/applicant has come up with affidavit that he did not receive any communication from the counsel, which appears to be false in view of the statement of the learned counsel for the appellant made at the bar on 18.4.1994 that several letters have been sent to the appellant. Moreso, we are satisfied that this statement that he did not receive any communication from the counsel cannot be accepted. The appeal was filed in the year 1992 and the appellant has not cared to file Court-fee and application u/s 149, CPC for extension of time and after two years, at the belated stage, after dismissal of the appeal for non-payment of Court-fee he has woken up for moving application u/s.149, CPC and for payment of Court-fee. He never cared to know the fate of his appeal for good two years. The whole attempt on the part of the appellant at this distance of time is not bona fide. The appellant himself is responsible for this fate of his appeal. Therefore, we are not inclined to condone the delay, hence, appeal is dismissed.