CHIEF EXECUTIVE OFFICER Vs. VIREDNRA SINGH DAYAHAT

JUDGEMENT

(1.) HEARD on I.A. No. 10047/2011, an application seeking condonation of delay of 111 days in filing the Appeal. The appeal is directed against Judgment and Decree dated 28 -01 -2011 by First Judge of the Court of First Additional District Judge, Panna, which in turn is in a Civil Suit 28 -A/2009 filed by the respondent/plaintiff for recovery of Rs. 3,25,000/ - being the price of Bollero Jeep bearing Registration No. MP -35/T/0141 stolen from the possession of the first appellant to whom the same was tendered on lease for Rs. 10,650/ - per month. The respondent/plaintiff also sought compensation to the tune of Rs. 50,000/ -. The suit was decided on 28 -01 -2011 and the decree was prepared on 02 -02 -2011 in favour of the respondent/plaintiff.

(2.) THE appeal under section 96 of the Code of Civil Procedure, 1908, ought to have been preferred within 90 days, instead the same was filed after 201 days, there thus exists delay of 111 days.

(3.) IT is contended vide application for condonation of delay in paragraph 2 that the certified copy of order has been received by the appellants on 25 -02 -2011 and the same along with opinion of State counsel was forwarded by the Collector with a memo to Secretary, Panchayat and Rural Development Department, Bhopal, on 20 -04 -2011. It is contended that the matter was thereafter referred to the Law and Legislative Affairs Department which granted permission to file Writ Appeal (it is urged that Writ Appeal is wrongly mentioned, the same ought to have been First Appeal) was granted on 06 -08 -2011, whereafter, Officer -in -Charge was appointed who after collecting necessary documents and papers got the First Appeal filed on 16 -08 -2011.