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