P.K. Ramachandran vs State Of Kerala & Anr on 19 September, 1997
In the reply filed to the application seeking
condonation of delay by the appellant in the
High Court, it is asserted that after the
judgment and decree was pronounced by the
learned Sub-Judge, Kollam on 30-10-1993,
the scope for filing of the appeal was
examined by the District Government Pleader,
Special Law Officer, Law Secretary and the
Advocate General and in accordance with
their opinion, it was decided that there was no
scope for filing the appeal but later on,
despite the opinion referred to above, the
appeal was filed as late as on 18.1.1996
without disclosing why it was being filed. The
High Court does not appear to have examined
the reply filed by the appellant as reference to
the same is conspicuous by its absence from
the order. We are not satisfied that in the
facts and circumstances of this case, any
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explanation, much less a reasonable or
satisfactory one had been offered by the
respondent-State for condonation of the
inordinate delay of 565 days.