S.SAGHIR AHMAD, K.RAMASWAMY, G.B.PATTANAIK
State Of Haryana – Appellant
Versus
Chandra Mani – Respondent
ORDER
Leave granted.
2. We have heard the counsel on both sides. We decline to express any opinion on merits. The Division Bench of the High Court refused to condone the delay of 109 days in filing the Letters Patent Appeal. We have perused the reasons given for the delay in filing the Letters Patent Appeal.
3. Section 5 of the Limitation Act, 1963 [for short, the Act ] extends prescribed period of limitation in filing an application or an appeal except under the provisions of Order 21 of Civil Procedure Code, 1908 [for short, the Code ] and gives power to the Court to admit the appeal or application after the prescribed period. The only condition is that the applicant/appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. In Ramlal, Motilal & Chhotelal v. Rewa Coalfields Ltd.1, it was laid down that in showing sufficient cause to condone the delay, it is not necessary that the applicant/appellant has to explain whole of the period between the date of the judgment till the date of filing the appeal. It is sufficient that the applicant/appellant would explain the delay caused by the period between the la
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