- (1.) This appeal is directed against the judgment and decree dated 31.8.2010 passed by the Additional District Judge (Fast Track) No.2, Bikaner, whereby the appeal filed by the appellants against the judgment and decree dated 16.5.2008 has been dismissed as barred by limitation.
(2.) The present appeal is reported barred by 133 days. Alongwith appeal, application under Section 5 of the Limitation Act, 1963 ('the Act') has been filed. The reasons indicated for delay in filing the present appeal reads as under:- "2. That after obtaining certified copy of the judgment on dtd. 09.09.2010 and received the opinion of the Government Counsel was obtained on 20.09.2010 and wrote letter to the Additional Director (Administration) Secondary Education, Bikaner on dtd. 23.09.2010. (3)- That the matter was examined at different levels and after processing the matter, it was decided to file Second Appeal and Officer In-charge was appointed hence in pursuance thereof, sanction was accorded and in pursuance thereof, the entire record was collected. Factual position was prepared, legal reference were obtained and thereafter the Officer-in-charge contacted the Government Counsel on 24.03.2011 and in whose consultation the appeal was got drafted which is being filed."
(3.) A reply to the application has been filed by the respondents, inter-alia, opposing the application seeking condonation of delay. It is inter-alia indicated that the averments contained in the application does not make out a case of sufficient reason so as to condone delay. The reference has been made in the several judgments of the Hon'ble Supreme Court and this Court on the said aspect.;