Ajay Rastogi, J. - (1.) INSTANT second appeal has been filed by defendant -appellants assailing judgment & decree of learned trial Judge dated 10th February, 2005, which has been affirmed by learned first appellate court vide judgment & decree dated 6th January, 2007.
(2.) INSTANT appeal has been filed as pointed out by the office with the delay of 78 days. Application has been filed Under Section 5 seeking permission for condonation. But application does not disclose any reasonable cause for which delay has been caused in filing appeal. Only fact which has been referred is against the judgment & decree of first appellate court dated 6th January, 2007. On 4th July, 2007 officer in -charge was appointed and he contacted the counsel on 9th July and accordingly, appeal was preferred, this in opinion of This Court is not a proper explanation for the delay which has been caused in filing instant appeal.
(3.) SINCE record has been summoned by This Court vide order dated 19th September, 2007 and the respondent is also represented by his counsel and with their assistance the court has gone through the record as well.;