STATE OF M.P. Vs. KAMLESH KUMAR

JUDGEMENT

(1.) The appellants have not filed an additional affidavit despite grant of further time.

(2.) This Court has gone through the I.A. No. 14994/2006 filed by the appellants u/S 5 of the Limitation Act. The application reads as under:

(3.) Despite there being delay of more than two years, the appellant mentioned only delay of 90 days. Not only that, in the aforesaid para they also quoted about the opinion given by the Government Pleader obtained on 02.04.2005, wherein, it was clearly opined that there is no chance of success, if the appeal was filed. Yet the Collector wrote a letter to the Secretary of the Revenue Department on 18.07.2005 for filing of the appeal, as if the Collector was going to put some new material for the success of the appeal. Even if, that was so, the appeal ought to have been filed within the time, but they took two years to file the same. This shows utter negligence on the part of the State.