Honble CHAUHAN, J.–Heard learned counsel for the parties.

(2). This appeal is barred by 83 days. The order under appeal is dated 19.12.2003. The memo of appeal was presented on 21.5.2004. The period for filing the Special Appeal from the date of the order of the learned Single Judge to the Division Bench is 30 days excluding the period spent in receiving the certified copy of the order under appeal. The office pointed out that the appeal is barred by 83 days and not accompanied with application under Section 5 of the Limitation Act for condonation of delay. The application under Section 5 of the Limitation Act has been filed finally on 21.12.2004 after taking number of adjournments including two from Court on 30.11.2004 and 9.12.2004.

(3). The fact which has not been disputed is that on 21.5.2004, the memo of appeal was filed. Hence, without furnishing any reason which prevailed with any of the authorities taking decision for filing of appeal within limitation, the delay cannot be condoned.

(4). The vague assertion that after receipt of the copy of order, it was sent in the office for legal opinion to Executive Officer, Municipal Board, Balotra on 19.1.2004, who in turn sent the matte

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