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2019 Supreme(Jhk) 155

SHREE CHANDRASHEKHAR, DEEPAK ROSHAN
Sarojini Kisku, wife of late Varnwas Malto – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant :Mr. Gaurav Abhishek, Advocate.
For the Respondents: Ms. Moushmi Chatterjee, A.C to G.A., Mr. S.S. Choudhary.

JUDGMENT :

Shree Chandrashekhar, J.

I.A. No. 5482 of 2018

This application has been filed seeking condonation of delay of 43 days in preferring this Letters Patent Appeal.

2. Mr. S.S. Choudhary, the learned counsel for the respondent no. 6 submits that each day's delay must be explained by the appellant.

3. Of course, the appellant must explain the delay caused in preferring this Letters Patent Appeal, however, while considering an application under section 5 of the Limitation Act the Court is also guided by stake of the parties, issues involved in the main appeal as well as conduct of the parties.

4. The appellant is aggrieved of the direction issued by the writ Court under which amount of gratuity shall be paid to the minor son from the second wife of the deceased employee.

5. Question raised by the appellant is substantial.

6. In view of the aforesaid fact, we are of the view that the appellant has made out a case for condonation of delay and accordingly, I.A. No. 5482 of 2018 is allowed.

L.P.A No. 613 of 2017

7. With consent of the learned counsels appearing for the parties, we have taken up the main appeal for hearing at this stage.

8. Two writ petitions; W.P.(S) No. 3007 of 2013 by the



















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