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Judgment
Narendra Kumar Jain-I, J.—Heard learned counsel for the parties. Admittedly, appellants were not party in the writ petition, therefore, they have moved an application seeking permission to file the present special appeal against the order of Single Bench.
There is delay of 1035 days in filing the appeal, therefore, an application under Sec. 5 of the Limitation Act has also been filed.
Appellants were aware about the impugned order of the Single Bench, as they had filed an application to implead them as party/respondents in D.B. Civil Special Appeal (Writ) No. 664/2011, which is directed against order impugned in this appeal, way back on 06.10.2010, whereas present special appeal has been filed on 12.08.2011.
In these circumstances, we find that when appellants had the knowledge about impugned order of the Single Bench and they moved an application for impleadment way back on 06.10.2010, then delay in filing the appeal cannot be said to be satisfactorily explained. Even otherwise, their application has been allowed in D.B. Civil Special Appeal (Writ) No. 664/2011, therefore, they can watch their interest in the said appeal.
In these circumstances, we are not inclined to condone the delay in filing the appeal. The application (No. 23946/2011) under Sec. 5 of the Limitation Act is dismissed. Consequently, Application No. 23945/2011 seeking leave to file appeal, Application No. 23944/2011 for taking documents on record and the special appeal itself as well as stay application are dismissed.