- (1.) HEARD Sri Kamlesh Kumar Singh, Advocate holding brief of Sri Shivam Yadav, learned counsel for the appellant and perused the record.
(2.) THIS appeal is barred by limitation by 153 days though deficiency of Court fee has been made good. The appeal is directed against the judgment and decree dated 05.12.2002 passed by Sri A.K. Agarwal, Additional District Judge, Court No. 1, Ghaziabad in L.R. Ref. No. 272 of 1977. This is an application No. 176681 of 2003 under Section 5 of the Limitation Act. A separate affidavit has been filed explaining reasons for delay. Virtually it gives no explanation whatsoever for the aforesaid delay. Paras 2 to 8 of the affidavit read as under: - - "2. That the delay in filing the aforesaid first appeal is due to certain unavoidable circumstances. 3. That after obtaining the certified copy of the judgment and decree, the matter was placed before a Committee to take a decision about challenging the same before this Hon'ble High Court.
(3.) THAT the decision to file the appeal could only be taken in the month of September, 2003 and as such the appeal could not be filed within time.;