ORDER

I have already heard the learned counsel for the appellant/the State of Bihar as well the learned counsel for the respondents on I.A.No.6964 of 2017, filed under Section 5 of the Limitation Act for condonation of delay in preferring this second appeal.

2. This appeal has been filed against the judgment dated 16.12.2016 and the decree dated 23.12.2016 in Title Appeal No. 05 of 2014 passed by the learned Additional District Judge-V, Kaimur, Bhabua, affirming the judgment and decree dated 26.11.2013 and 05.12.2013 passed by the Munsif, Kaimur, Bhabhua in Title Suit No. 220 of 2005.

3. The limitation petition (I.A.No.6964 of 2017) was filed on 18.09.2017 for condonation of delay, but the period of delay has not been mentioned in the said application. In that application, it has been mentioned that the appellant/State of Bihar made deliberation in the Department of Law whether the appeal should be filed or not, and in obtaining the legal opinion, a lot of time was consumed. Finally, the file came to the office of the Advocate General after endorsement of the Law Department on 07.07.2017. Thereafter, the file was endorsed to the G.A.7 for filing of the present second appeal and hence the present appeal is being filed with some delay.

4. Thereafter, the appellant sought time for filing supplementary affidavit to the above-mentioned interlocutory application and vide order dated 03.04.2023, the permission was granted by this Court to file a supplementary affidavit. Accordingly, the first supplementary affidavit was filed. In paragraph-2 of that supplementary affidavit, it was disclosed that there is a delay of 159 days in preferring the memo of appeal. It has been mentioned in the supplementary affidavit that immediately on 23.12.2016, the office of the learned AGP applied for obtaining certified copy of the title suit’s judgment dated 26.11.2013, along with title appeal’s judgment dated 16.12.2016. On 02.03.2017 only, the certified copy of the title suit judgment was made available and received, but due to certain technical issue, the certified copy of the judgment dated 16.12.2016 of the first appellate court could not be made available. That on 07.07.2017, the file was endorsed to the Law Department for taking appropriate steps and for ensuring the filing of the appeal and thereafter the file was sent to the office of the learned G.A.7 for ensuring the filing of the appeal. The office of the G.A.7 raised objection regarding non-availability of the certified copy of the judgment dated 16.12.2016 passed in Title Appeal No. 05 of 2014. The memo of appeal was filed without annexing the certified copy of the judgment dated 16.12.2016 passed in Title Appeal No. 05 of 2014. It has been mentioned in the interlocutory application that the delay was caused due to procedural formalities which is not intentional and deliberate.

5. The appellant was again provided an opportunity to file a second supplementary affidavit at the cost of Rs.5000/-, vide order dated 12.07.2023. In the second supplementary affidavit, it has been mentioned that immediately after receipt of the certified copy of the judgment and decree of Title Appeal No. 05 of 2014, the certified copy was filed on 21.10.2022. It has been mentioned that due to village politics as well as communication gap between the Mukhiya and local authorities, the delay has been caused in filing of the certified copy. One of the reasons of delay is also mentioned as Covid-19 pandemic.

6. The learned counsel for the appellant submitted that there is a delay of 159 days in preferring the appeal and this delay is not intentional or deliberate, rather it was due to procedural formalities as well as due to movement of the file from one department to other and soon after the receipt of the certified copy of the judgment and decree of the first appellate court, it was filed on 21.10.2022. In support of his submission, he relied upon a decision of Hon’ble the Supreme Court passed in Civil Appeal No. 5867 o