No. 7/07.12.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant is present through Ld. Advocate Mrs. Ratna Bramhachari.  None appears for the Respondent.

This is an application for condonation of delay in filing this appeal.  This appeal has been filed out of time by about 240 days.  Evidently the complaint case was decided ex-parte on 31.07.2009.  The Appellants came to know of the same on 05.08.2009 when the notice of the Execution Case was served upon them.  In spite of such notice the Appellants contacted the Ministry of Law and Justice after expiry of almost three months on 24.11.2009 for taking necessary steps against the said ex parte decree.  There is no explanation whatsoever as to why the Ministry was not approached by the Appellants within a reasonable period of time from the date of knowledge of the aforesaid ex parte decree.  Even the Ministry of Law and Justice did not act with promptness after it was informed on 02.12.2009 about the passing of the aforesaid ex parte order.  The appeal was ultimately filed on 20.04.2010 after a lapse of about four months without any proper explanation for the same.  In these facts and circumstances and considering the explanation given in the above application for condonation of delay, we are unable to find any act of diligence on the part of the Appellants.  The application is accordingly dismissed.  The appeal shall stand dismissed as being barred by limitation.