Bhupendra Kumar Rathi, J. - (1.) HEARD learned counsel for the parties. Counter affidavit has been filed but the same is being ignored as requested by Sri B.D. Madhyan, learned counsel for the respondents.
(2.) THE judgment deciding the suit was delivered on 8th September, 1998 and the revision was filed on 2nd February, 2001 and there is delay of two years and fifty six days in filing the revision. It has been argued by the learned standing council that the judgment come to the notice of Senior Superintendent of Police, Agra on 29th October, 1998 and he asked the A.D.G.C. (Civil) for giving his opinion regarding the appeal. That A.D.G.C. (Civil) on that very day opined that the appeal may be preferred before the High Court. Thereafter on 11th November, 1998, the Senior Superintendent of Police, Agra wrote a letter to the Government to accord permission to file the appeal. No reply was received and therefore, the Senior Superintendent of Police, Agra directed the Inspector in -charge of Police Station Chhata to contract the A.D.G.C. (Civil). Warning was also given to the Inspector vide letter dated 19th November, 1998. That State of U.P. was again requested on 23rd November, 1998 for grant of sanction for filing the appeal. The State of U.P. by letter presented (sic) certain documents. Thereupon the Senior Superintendent of Police, Agra on 2nd February, 1999 directed the inspector Incharge to supply information required by the Government, which was not supplied and then the Senior Superintendent of Police, Agra again ordered on 9th March, 1999 for the same. That there has been lot of correspondence regarding the grant of sanction for filing the appeal. That ultimately permission to file the revision was granted by the Government on 18th October, 2000. That thereafter, the Senior Superintendent of Police, Agra requested A.D.G.C. (Civil), Agra to prepare requisite note for filing the appeal. The matter was sent to the Chief Standing Counsel and then the revision was filed.
(3.) IN my opinion, there was utter negligence on the part of the revisionist, which caused delay in filing the present revision.;