- (1.) There is delay of 75 days in filing of the appeal. Application No. 50/2019 under Section 5 of the Limitation Act has been by the appellant seeking condonation of delay in filing of the appeal. It is contended therein that writ petition filed by Respondent No. 1 was decided by the learned Single Judge in limine and the said fact came into the knowledge of the appellant only when representation was submitted by Respondent No. 1 before the appellant on 20.08.2018. Thereafter, the appellant took a decision to file appeal on 22.10.2018. Learned counsel for the appellant submitted that delay occurred due to office process and the same is not intentional on the part of the appellant.
(2.) Despite service of notice of appeal as well as application under Section 5 of the Limitation Act, no one has appeared on behalf of Respondent No. 1.
(3.) Learned counsel appearing on behalf of for Respondent No. 2 and 3 has opposed the application. Considering the aforementioned reasons, we are of the view that there was sufficient cause which prevented the appellant from the appeal within time and, therefore, delay in filing of the appeal is condoned. Application No. 50/2019 stands allowed.;