- (1.) Heard learned counsel for the appellants.
(2.) This intra court appeal was preferred on 20th September, 2008 against order of Single Bench dated 26th September, 2006 with a delay of 788 days i.e. about more than two years. There were other defects also in the appeal, which were not cured and a per-emptory order was passed on 21st October, 2008. Since defects were not cured, therefore, Special Appeal was dismissed on 17th November, 2008, however, on an application filed by appellants, the appeal was restored vide order dated 7th April, 2011.
(3.) The appeal is barred by 788 days. An application under Section 5 of the Limitation Act has been filed for condonation of delay. Submission of learned counsel for appellants is that earlier the appellants were represented by an Union, therefore, they were not aware about the writ petition filed before the Single Bench and disposal of the same by Single Bench. When they could not hear anything about the matter, they themselves enquired about the case and when they came to know about disposal of the writ petition, then they immediately obtained certified copy of the order and filed this Special Appeal.;