- (1.) This appeal is directed against judgment dated 17.12.2013 passed by the learned Single Judge of this Court by which writ petition filed by the appellants was dismissed as also subsequent order dated 09.10.2017 passed by the learned Single by which review petition filed by the appellants seeking review of the aforesaid judgment has been dismissed.
(2.) Appeal is barred by 1482 days. Application No. 542/2018 under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing of the appeal. In the application, it has been stated that after the judgment was delivered by learned Single Judge of this Court, dismissing writ petition, the appellants filed review petition. Review petition remain pending for quite some time and was finally dismissed vide order dated 09.10.2017. Learned counsel for the appellant argued that the appellants are staying in rural area and he sent a communication to them about dismissal of review petition. They received the communication late and when they contacted him, the appeal was drafted and filed before this Court.
(3.) Substantial part of the delay has been explained by the reason of pendency of review petition and thereafter delay of few days has been explained by stating that the appellants could not be contacted immediately and when the communication sent by the learned counsel for the appellants reached to them, they contacted him and appeal was drafted and filed. Even though, learned Additional Advocate General appearing on behalf of the respondent-State opposed the appeal, but we deem it appropriate to decide this matter on merits rather than on the ground of delay and are inclined to condone the delay in filing of the appeal and the same is accordingly condoned. Application under Section 5 of the Limitation stands allowed.;