- (1.) Heard learned counsel for the parties on civil misc. delay condonation application as the appeal was barred by 300 days.
(2.) The counsel for the appellant submitted: That the first appeal against which this appeal is preferred was decided on 30.5.2000 and the decree was signed only on 31.5.2000 at 5 P.M. and as such the District Government counsel applied for certified copy of the same as the civil court remain closed from 1st June to 30th June. It was only on 5th July 2000 the copies were applied and the same were obtained on the same date vide letter dated 6.6.2000. The learned D.G.C. wrote to the appellant with his opinion that Second appeal should be filed there was opinion of the D.G.C. that the limitation will apply from 5th July 2000 and appeal should be filed upto 3rd October 2000.
(3.) That, accordingly, department took necessary steps to file this appeal before 3rd October 2000. The department contacted Sri S.N. Srivastava on 29th August, 2000 for drafting an appeal. The matter was scrutinised and studied by Sri Subodh Kumar, Additional Standing counsel and the appeal was dictated on 30th August 2000.;