- (1.) HEARD learned counsel for the appellants.
(2.) THE appeal is barred by 112 days. THE appellants have filed an application under Section 5 of the Limitation Act, wherein it is stated that order was passed by the Single Bench on 26.04.2011 and thereafter legal opinion was obtained and it was decided to file special appeal against the order dated 26.04.2011. THE appellants have not mentioned as to when the application was filed for obtaining certified copy of the impugned order; when it was received; when it was sent for legal opinion and when legal opinion was received. THE application for condonation of delay has been drafted in a very cursory manner. Para 2 of the application is reproduced as under: "2. That the impugned judgment was passed on 26-04-2011 and the humble applicant had immediately applied for the rectified copy of the impugned judgment and thereafter legal opinion from the counsel was sought. After obtaining the legal opinion the same was placed before the departmental authority who examined the same and thereafter, it was decided to file the special appeal against the order dated 26-04-2011. Thus, the special appeal was prepared and filed." From the above, it is clear that there is no satisfactory explanation for condonation of delay. In these circumstances, we are satisfied that delay in filing the appeal cannot be condoned in the facts and circumstances of the present case, particularly, when the matter relates to family pension to a widow. That apart, we have also examined the matter on merits and we do not find any infirmity in the order passed by the Single Bench. In these circumstances, the application under Section 5 of the Limitation Act is dismissed. Consequently, special appeal is also dismissed being barred by limitation as well as on merits.;