- (1.) The instant interlocutory application is under Section 5 of the Limitation Act for condoning the delay of 633 days in preferring the instant appeal.
(2.) Mr. Manoj Tandon, learned counsel for the appellant/writ-petitioner has submitted while pressing the instant interlocutory application that delay in filing the appeal has occasioned due to filing of civil review against the order passed in writ petition being Civil Review No.102 of 2017 but the same was allowed to be withdrawn on 23.02.2018 with a liberty to prefer the Letters Patent Appeal. Thereafter the appellant/writ-petitioner since is having no means of income has collected money to engage a lawyer and filed appeal which caused delay. Further submission has been made that the delay is not intentional and if the delay in filing the appeal would not be condoned, the appellant/writ-petitioner will suffer irreparable loss and injury as because the issue will remain undecided.
(3.) Mr. R.N. Sahay, learned senior counsel appearing for the DVC has raised serious objection to the averment and plea taken in the interlocutory application by filing a rejoinder to the limitation petition.;