(1.) Heard on IANo. 12780/05, which is for seeking condonation of delay of about 283 days.
(2.) It is submitted by the learned senior advocate that the appellant is aged 77 years of age and he was not in good and sound health and remained ill from January 2005 to 15/10/2005. Thereafter, he applied for certified copy of the impugned judgment and decree on 21/10/2005, which was delivered on 8/11/2005. Since the appellant was further ill from 5/11/2005 to 19/11/2005, he visited Gwalior on 21/11/2005 and thereafter immediately preferred the appeal.
(3.) Shri D.D. Bansal, learned counsel for respondent No. 1 vehemently opposed the application. He contended that the theory of illness is wrongly mentioned in the application. Particulars of ailment are not disclosed neither in the application nor in the affidavit. No medical papers are placed on record in support of the alleged ailment. Moreover, appellant submitted application for obtaining certified copy of the impugned judgment and decree on 19/11/2004, which was delivered on 3/12/2004. He has annexed certified copy of the application submitted on 19/11/2004 for obtaining certified copy of the impugned judgment and decree.