MANDIR SRI RAM JANKI Vs. RAM KUNWAR BAI

JUDGEMENT

(1.) This appeal by the State is directed against the judgment and decree dated 11.04.2005 passed in First Appeal (Civil) No. 27-A/2002 by learned Additional District Judge, Mungaoli, district Guna (now district Ashok Nagar) reversing the judgment and decree dated 31.7.2002 passed in Civil Suit No. 23-A/1999 by Civil Judge, Class II, Mungaoli, district Guna. Appeal is filed beyond limitation and is barred by 2687 days. Alongwith memo of appeal, an application under Section 5 of the Limitation Act for condonation of delay in filing the Second Appeal has been filed. The explanation given in the application lacked in material particulars as there is no explanation for the period from the date of the impugned decree i.e. 11.04.2005 till April 2012 and when the knowledge about passing of the judgment and decree by the First Appellate Court was received by the appellants/State. Being dissatisfied with skeleton application filed under Section 5 of the Limitation Act, this Court on 29.7.2013 passed the following order:-

(2.) The affidavit filed pursuant to the aforesaid order in fact and in effect contains almost similar averments as in the application for condonation of delay and as regards pin pointed query i.e. explanation from 11.04.2005 to April, 2012, there is no explanation at all except evasive statement in paragraph 5 of the affidavit which is as under:-

(3.) It is hardly an explanation. Moreover, it appears that it is only after this Court passed the order on 29.7.2013 , the State machinery galvanized and in hot haste issued a show cause notice to the O.I.C. as late as on 17.09.2013 just to do lip service and project its self pleasing bonafide.