1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 95 OF 2009 IN FIRST APPEAL(st) NO.300 OF 2009 Jayanand Shankar Mahadik ..Applicant versus Shri Gajanan Shankar Mahadik & Another ..Respondents Mr.Shekharm Bhise for the applicant Mr. P.J.Shinde for the respondent CORAM : R.Y.GANOO, J. DATE : 26th JUNE, 2009. P.C: 1. This application is for condonation of delay of 811 days in filing the first appeal. Few facts are necessary for considering the point involved. Affidavit in reply is filed by the respondents through learned Advocate Mr. Shinde. 2. The judgment and decree passed by the learned 2 Judge of the City Civil Court in Suit No.912 of 1995 is of 21.8.2006. The applicant got the certified copy of the said judgment on 16.9.2006. The applicant claims that he did not have sufficient funds to engage a private lawyer and he was required to approach legal aid, and according to him legal aid was provided to him in January 2007 or thereabout. According to the applicant, the concerned advocate called upon the applicant to produce certified copy of judgment and decree which he got in March 2007 and present first appeal is filed in June 2009. 3. Office has raised an objection that there is delay of 811 days. In the civil application some explanation is found as regards the financial difficulty of the applicant and he approaching the legal aid. One may be able to condone the delay upto the stage when the applicant was granted legal aid. Thereafter the applicant was called upon to obtain certified copy of the decree. One may take it that the applicant did not have the 3 knowledge that he has also to apply for certified copy of the decree and not only judgment. After the applicant was advised to obtain the certified copy of decree he did so and he secured the certified copy of the decree in March 2007, Though nothing is stated in the application it is to be taken for granted that certified decree was handed over to the advocate who was provided by the Legal Aid Committee to file appeal on behalf of the applicant. In complying all these pre formalities of collecting certified copy of the judgment and decree and approaching the legal aid department, some time may have passed. The first appeal has been filed in January 2009 i.e. After 1 year and 10 months. 4. It is true that the Court should normally not insist on technicalities and the Court should be liberal in granting application for condonation of delay in the case where the person claims that he did not have sufficient funds and had to approach the Legal Aid Department. Showing maximum 4 leniency to the applicant one may again have to note that after the papers were entrusted to the advocate for necessary formalities what is that prevented the present applicant from filing the appeal immediately. In the application for condonation of delay, minimum what was expected was to show as to why the appeal could not be filed promptly. It was necessary for the appellant to show as to why the appeal could not be filed as urgently as possible and why there was delay of 1 year and 10 months after he received necessary papers in March 2007 and had the services of an advocate. In the application there is no explanation as to why the appeal could not be filed after completing the formalities and getting the advocate. In my view, taking maximum lenient view in the matter, the request for condonation of delay cannot be granted despite the keeping in view proposition Interest of Justice . 5. Before I part with this order it is required to be mentioned that the learned Advocate for the 5 applicant had suggested that he would like to rely upon some judgment. However at the end of the arguments, he informed the court that he does not wish to rely upon any judgment in support of his case. Hence it will not be necessary for me to mention about the said judgment. 6. For the reaaons mentioned aforesaid, I pass the following order. ORDER Application is rejected. In the peculiar facts amd circumstances there shall be no Order as to costs. Mr.Ghatge, learned Advocate stands discharged. (R.Y.Ganoo, J.)