Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. A reasonable and acceptable explanation for the delay is necessary, and the law should not be swirled for the benefit of a few.

1. This first appeal under Section 96 of Code of Civil Procedure has been filed by the appellants/state aggrieved of the judgment and decree dated 20.9.2006 passed by Fourth Additional District Judge, Gwalior in Civil Suit No. 2B of 2006, whereby, the suit filed by the plaintiffs for recovery of Rs. 3,12,681/- along with the interest at the rate of 12% per annum was decreed.

2. Heard I.A. No. 16288 of 2007, an application under Section 5 of the Limitation Act filed by the appellants for condonation of delay in filing the appeal.

3. The appeal is drastically barred by 296 days.

4. I have gone through the application for condonation of delay. The facts as disclosed in the application by the appellant are as under:-

(1) That the present First appeal is being preferred against the judgment and decree dated 20th September, 2006 passed by the Learned trial court namely Fourth Additional District Judge, Gwalior (MP).

(2) That, the certified copy of the impugned judgment and decree dated 20th September, 2006 was applied for on 23.09.2006, which was delivered on 31.10.2006.

(3) That, on receipt of the certified copy of the said impugned judgment and decree on 31.10.2006, the concerned Govt. Pleader who was conducting the case in the trial Court, sent his opinion vide his letter dated 30.11.2006 to the Executive Engineer, Public Works Department Division Bhind enclosing therewith the certified copy of the said judgment and decree dated 20.09.2006.

(4) On receipt of the said opinion along with the certified copy of the judgment and decree dated 20.09.2006 from the concerned Govt. Pleader, the Executive Engineer, P.W.D. Division Bhind wrote letters to the Sub-Divisional Officer, P.W.D. E & M B Sub-Division Bhind (who was the Officer-in-charge of the case in the Learned trial court) from time to time to make available the requisite records for obtaining the sanction from the Govt. to file appeal before this Hon'ble Court against the said impugned judgment and decree dated 20.09.2006. Ultimately on receipt of some records from the Officer-in-charge of the case, the Executive Engineer, P.W.D. Division Bhind written letter on 2.3.2007 to the Secretary Government of M.P. Law and Legislative Affairs Department, Bhopal as well as to the Government of M.P. Public Works Department, Bhopal for granting permission to file the appeal against the said impugned judgment and decree and also for appointing him Officer-in-charge of the case for filing the said appeal along with this letter, the certified copy of the impugned judgment and decree as well as the opinion of the Govt. Pleader was also enclosed and sent.

(5) Ultimately, the Law Department vide its letter dated 11.07.2007 granted sanction to file appeal before this Hon'ble Court along with application under section 5 of the Limitation Act. This was sent to the Additional Advocate General at Gwalior as well as to the Collector, Bhind. On receipt whereof, the Collector, District Bhind as well as the office of Additional Advocate General at Gwalior wrote letters to the Executive Engineer, P.W.D. Division Bhind (Officer-in-charge of the case) to contact the Additional Advocate General at Gwalior for preparation and filing of the appeal against the said impugned judgment and decree of the Learned trial court. This letter was written by the Collector, Bhind on 24.07.2007.

(6) In the meantime, another certified copy of the impugned judgment and decree was applied for, which was delivered on 3.08.2007.

(7) On receipt of the said letter from the Collector Bhind as well as from the Additional Advocate General, Gwalior, the Executive Engineer, P.W.D. Division Bhind (Officer-in-charge of the case) and thereafter contacted the office of Addl. Advocate General at Gwalior on 24.9.2007. The Addl. Advocate General at Gwalior thereafter handed over the case to the Government Advocate concerned for preparation and filing of the appeal along with application under section 5 of the Limitation Act.

(8) Accordingly the co