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Supreme Court Of India
NIRMAL K. PHATHAK
Versus
STATE OF BIHAR
Decided on : November 3, 2000
Limitation Act, 1963, Section 5- Delay in filing Letters Patent Appeal- High Court declined to condone the delay of 21 days in filing the L.P.A- It was stated that the delay was caused due to bereavement in the family of Senior Advocate, on account of which he could not file the appeal in time- Held it was a sufficient cause to condone the delay of 21 days.- Order of the High Court set aside-Matter remitted to High Court fo decision according to law [Para 3]
( 1 ) LEAVE is granted.
( 2 ) HEARD the learned counsel for the parties.
( 3 ) THIS appeal is directed against the order of the High Court declining to condone the delay of 21 days in filing LPA No. 304 of 1997 and dismissing the same on 11-8-1997.
( 4 ) A perusal of averments in the petition, IA No. 1273 of 1997 in LPA no. 304 of 1997, shows that the delay was caused due to bereavement in the family of Shri R. S. Rai, Senior Advocate, on account of which he could not file the appeal in time. In our view, this is eminently a sufficient cause to condone the delay of 21 days. We accordingly set aside the order under challenge, allow the said IA, condone the delay and remit the matter to the high Court for disposal of the appeal in accordance with law.
( 5 ) THE appeal is thus allowed. No costs.
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