- (1.) HEARD learned counsel for the appellant.
(2.) THIS intra Court appeal has been preferred before Division Bench of this Court on 21st November, 2012, against order dated 5th July, 2004 passed by the Single Bench. Registry has pointed out that appeal is barred by 3001 days. Initially, application under Section 5 of the Limitation Act was not filed by the appellant. However, it was filed subsequently, wherein, the appellant has tried to explain the delay stating that he is about 79 years of age. He was not informed by his counsel about dismissal of the writ petition, which was dismissed in limine on first day of hearing. It is also stated that in second week of September, 2011, the appellant came to know about dismissal of the writ petition by some persons of his village, then, on enquiry, he found that his writ petition has already been dismissed way back in the year 2004. Thereafter, he contacted his counsel and applied for certified copy of the order and on 17th October, 2011, got the same. He, thereafter, met his counsel in October, 2011 and requested him to file an appeal, but due to sudden paralysis attack, he could not come to Jodhpur to sign the documents. Thereafter, he contacted his counsel in October, 2012 and filed this appeal on 21st November, 2012.
(3.) WE have considered the submissions of learned counsel for the appellant and the reasons mentioned in the application under Section 5 of the Limitation Act for condonation of delay of 3001 days.;