Soon thereafter, the appellant(s) filed appeal(s) accompanied by the subject application(s) on 19th July, 2008. Notably, the respondent(s) did not expressly refute the stand taken by the appellant(s)-that they had no knowledge about passing of order dt. 29th Dec., 2003 until June, 2008. Unless that fact was to be refuted, the question of disbelieving the stand taken by the appellant(s) on affidavit, cannot arise and for which reason, the High Court should have shown indulgence to the appellant(s) by condoning the delay in filing the concerned appeal(s). This aspect has been glossed over by the High Court.