MUNICIPAL BOARD FIROZABAD Vs. RAMESH CHANDA BARDWAJ

JUDGEMENT

(1.) HEARD learned counsel for the parties on the delay condonation application and considered the record of the case.

(2.) AS per report of the Stamp Reporter dated 15.09.1997, the instant appeal is beyond time by 102 days.

(3.) I have also gone through the contents of affidavit filed in support of delay condonation application. The impugned judgment and order is dated 16.12.1996 passed by XII -Additional District Judge, Agra in Civil Appeal No.20 of 1995, Ramesh Chandra Bhardwaj and another Vs. Municipal Board, Firozabad, whereas this defective appeal was filed on 15.09.1997. It transpires that the concerned department took its own time in completing formalities which have been tried to be explained through the affidavit. A perusal of averments mentioned in paragraph nos. 3 to 7 of the affidavit pertain to various steps taken from one official to another official of the concerned Govt. department reasonably raises question about assumed lacklustre approach on the part of the appellant instead of sincere efforts, in the filing of the instant appeal within time. The whole exercise undertaken by the official questions the bonafides of the appellant in preferring the appeal in time. In this view of the matter the delay so occurred is out come of negligent and perfunctory attitude of authorities concerned.