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2001 Supreme(Pat) 34

N.PANDEY, INDU PRABHA SINGH
State Of Bihar – Appellant
Versus
Devendra Kumar Mishra – Respondent


Judgment

1. This appeal has been preferred on behalf of the State of Bihar against the order dated 15-9-1999 in C.W.J.C. No. 9782 of 1998, whereby the writ petition was allowed with a direction to treat the date of birth of the respondent (writ petitioner) as 31st December, 1940.

2. In this case, there is a delay in filing the appeal, therefore, a petition under Sec. 5 of the Limitation Act was filed for condonation of the delay. Learned counsel appearing on behalf of the respondent vehemently opposed the Petition and contended that the appellants are required to show sufficient and good cause for condonation of each days delay, failing which the appeal is fit to be dismissed as time, barred. In support of the contention, learned Counsel also relied upon a decision of this Court in the case of Bihar State Electricity Board, Patna, through its Chairman and Ors. V/s. Baxi S.R.P. Sinha, Advocate and Anr. 1999(1) P.L. J.R. 60 and yet another decision of the Supreme Court in the case of State of Haryana V/s. Chandra Mani and Ors. -- .

3. True, it is in order to get the delay condoned, it should be necessary for the appellant to show sufficient cause. But in view of the law laid down by t














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