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2018 Supreme(Pat) 1612

A. P. SAHI, ANJANA MISHRA
State of Bihar – Appellant
Versus
Sawalia Rai, S/O Shri Kallu Rai – Respondent


Advocates appeared:
For the Appellants :Mr. Kumar Alok, Mr. Akhilesh Kumar Sinha, Advocate
For the Respondent: Mr. Umesh Kumar Mishra, Mr. Bipin Bihari Singh, Mr. Shayamkant Singh, Advs.

JUDGMENT :

ANJANA MISHRA, J.

Re.: I.A. No. 5408 of 2017

1. The present application under Section 5 of the Limitation Act has been filed for condoning the delay in filing the appeal.

2. Learned counsel for the appellant submits that the delay in filing the appeal may be condoned as after the order dated 29.11.2016 passed in C.W.J.C. No. 15375 of 2010 came to the knowledge of the authorities necessary steps were taken for filing the appeal and after due scrutiny the decision was taken to prefer an appeal against the aforesaid order.

3. Having heard learned counsel for the appellant, there are adequate grounds for condoning the delay as sufficient cause has been made out by the appellants for explaining the delay in filing the appeal. As such, the delay in filing the appeal stands condoned.

4. The interlocutory application (I.A. No. 5408 of 2017) is, accordingly, disposed of.

Re.: L.P.A. No. 1068 of 2017

5. This intra court appeal has been preferred by the State of Bihar and its authorities against the order dated 29.11.2016 passed in C.W.J.C. No. 15375 of 2010 by which a Bench of this Court has allowed the writ petition filed by the first respondents and the order passed by the District Teac


























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