STATE OF M P Vs. NARESH GROVER

JUDGEMENT

(1.) Initially, learned Panel Lawyer prays for further adjournment to file some affidavit in compliance of the earlier direction of this court. On perusing the earlier order sheets dated 28.6.13 and 29.7.13, I have not found any direction of this court. As such at the request of the State counsel the case was adjourned to file some affidavit. It is apparent that no such affidavit has been filed.

(2.) The case is listed today for consideration of IA No.4778/12, appellant's application under section 5 of the Limitation Act for condoning the delay in filing this appeal as the same is filed barred by six years and 121 days. The same is supported by an affidavit of Atul Singh S/o Shri N.P.Singh, Tehsildar (Nazul) Bairagarh, Bhopal. Such IA was drafted on 30.3.12 and the affidavit was sworn on 30.3.12 and the same is placed in this court along with the appeal.

(3.) After receiving the notice of aforesaid IA, the Vakalatnam has been filed on behalf of the respondent No.26.4.2013. Since then more than 3 1/2 months has been passed. Meanwhile, on three occasions, the case has been listed before the Court for consideration of the IA but it is apparent fact that till today, the respondent has not filed any reply of the same. It shows that the respondent is not interested to file the reply of this IA, hence the IA is taken-up for consideration.