(1.) IA No.19237/2017 is taken up for consideration. This is an application under Section 5 of Limitation Act filed by the State of Madhya Pradesh seeking condonation of delay of 2563 days in filing the instant second appeal arising out of the judgment and decree dated 14.09.2010 passed by XXI Additional District Judge, Indore in Civil Regular Appeal No.06/10.
(2.) Upon perusal of the explanation offered in this application, it appears that the appellant/State has actually misdirected itself in the matter of pursuing the remedy of second appeal under Section 100 CPC.
(3.) Learned counsel for the appellant/State contends that the State Government had granted permission for filing second appeal on 27.12.2010 but the respondent/plaintiff had challenged that permission in the High Court filing writ petition vide WP No.4391/2011. Though there was no interim order passed by the High Court but, the State Government waited the outcome thereof which stood disposed of on 05.12.2013.