(1.) In this appeal filed against the order dated 25th May 1998 of a learned single Judge defendants 1 to 3/appellants have filed C.M.376/99 under Section 5 of the Limitation Act read with Section 151 Civil Procedure Code seeking condonation of 167 days delay in filing appeal.
(2.) It is alleged in the application that the certified copy of the judgment under appeal was applied on 14th July 1998 and the same was prepared on 21st July 1998. This Court remained closed with effect from 1st June 1998 to 7th July 1998. Thereafter, there was change in the Government panel and the appellant after taking legal opinion from the department, approached the Department of Law and Justice for appointment of a Government counsel. The Government Counsel was appointed vide order dated 7th September 1998. The files of the case were handed over on 8th September 1998 to the Government counsel who prepared the draft appeal and gave the same to the Department on 22nd September 1998. Draft appeal after vetting and approval from the competent authority was again handed over to the Government counsel on 2nd November 1998 for final preparation. The same was again given by the Government counsel for signatures to the appellants on 26th November 1998. It is stated that the appellants have got a strong case on merits and they were prevented by sufficient cause in not filing the appeal within the limitation period. Application is supported by the affidavit of D.K. Bazzaz, Deputy Land and Development Officer, Government of India, Ministry of Urban Development, Nirman Bhawan, New Delhi.
(3.) Said application came up for hearing on 3rd February 1999 on which date Shri R.K. Aggarwal put in appearance on behalf of the respondents and accepted notice and the case was postponed to 9th February 1999. In the meantime aforesaid D.K. Bazzaz in support of the application for condonation of delay filed an additional affidavit dated 6th February 1999. It is averred therein that Shri P.N. Mishra, standing counsel was contacted on 26th May 1998 and 8th June 1998 and he intimated that he would obtain the certified copy of the impugned order after summer vacations. Shri Mishra on being contacted again in the first week of July 1998 informed that he has resigned as Government counsel. After the copy of the order under appeal was made available on 21st July 1998, the file was referred to the Ministry of Law & Justice for their advice on 23rd July 1998. Ministry of Law & Justice on 28th July 1998 desired to obtain the opinion of the Government counsel in the matter. In the meantime Smt. Neera Aggarwal was appointed as Government counsel in the case on 20th July 1998. On request of the Department she furnished her opinion on 31st July 1998. File was referred to the Ministry of Law & Justice on 3rd August 1998. Ministry of Law & Justice on 4th August 1998 desired to send the full facts of the case. Thereafter file was referred to the Ministry of Urban Affairs & Employment seeking their approval to file the appeal and after approval file was received back on 13th August 1998. File was again referred to the Ministry of Law & Justice on 24th August 1998 and the same was received back from there on 26th August 1998 advising to file appeal. On 28th August 1998 Assistant Legal Advisor, Ministry of Law & Justice. Litigation Section, Delhi High Court, requested to appoint Additional Solicitor General for filing the appeal. Ministry of Law & Justice appointed Shri Sanjay Poddar as Government counsel on 7th September 1998 and the draft of appeal was handed over by him to the Department on 22nd September 1998. Draft appeal was referred to the Ministry of Law & Justice on 25th September 1998. In consultation with the Assistant Legal Advisor of the Ministry of Law & Justice the draft appeal was revised on 23rd October 1998. Revised draft appeal was handed over to the Government counsel on 2nd November 1998. Revised draft was returned by the Government counsel on 26th November 1998. Revised draft appeal was again sent to Ministry of Law & Justice on 1st December 1998. After vetting the revised draft appeal was returned by the Ministry of Law & Justice on 2nd December 1998. File was again referred to the Ministry of Urban Affairs & Employment on 3rd December 1998 for obtaining their approval to the revised draft appeal. File was received back from there after approval on 7th'December 1998. Fair copy of the memo of appeal duly was were handed over to the Government counsel on 8th December 1998 and thereafter the appeal has been filed on 9th December 1998.