HEMANT GUPTA, J. - (1.) THE challenge in the present revision petition is to the order dated 1.2.1990 passed by the learned First Appellate Court whereby delay of 14 days in filing the appeal was not condoned.
(2.) THE plaintiff-respondent filed a suit for declaration to the effect that he is entitled to regularization of his services w.e.f. 9.6.1977, the date of his adhoc appointment as lineman, instead of from 1.12.1979 for the purpose of seniority and all other consequential benefits. The said suit was decreed on 3.3.1989. The certified copy of the judgment and decree was applied on 11.3.1989 and delivered on 27.3.1989. The appeal was filed on 12.5.1989 alongwith an application for condonation of delay on the ground that sometime has been taken from 27.3.1989 to 10.5.1989 to seek necessary permission and sanction to file the present appeal. The learned First Appellate Court declined such application on the ground that there does not exist sufficient cause for condonation of delay.
(3.) THE petitioner has examined Darshan Kumar as AW-1 who has deposed that XEN Incharge was not available for 8 days. The learned First Appellate Court found that there is nothing on record to show whether the said XEN was on leave and when he attended the office. There is nothing on record to show why the copies were not placed before the XEN on 28 and 29.3.1989.;