RAVI RANJAN, SUJIT NARAYAN PRASAD
Meena Kumari W/o Shri Umesh Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Learned counsel appearing for the State submits that he has filed an affidavit regarding service of notice upon respondent no. 5 by way of supplementary counter affidavit dated 17.12.2021.
I.A. No. 5847 of 2020
2. Heard learned counsel for the parties.
3. This Interlocutory Application has been filed for condoning the delay of 610 days, which has occurred in preferring this appeal.
4. It is contended that by mistake certified copy which was obtained earlier for filing of the appeal was kept in some other file and could not be submitted which has caused delay for which the office of the counsel is responsible. There is no omission on the part of the appellant.
5. No counter affidavit has been filed opposing the prayer for condoning the delay.
6. Having regard to the averments made in this application as well as the supplementary affidavit, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.
7. In the result, this Interlocutory Application is allowed and delay of 610 days in preferring this appeal is condoned.
L.P.A. No. 372 of 2019
8. The instant intra-court appeal is under Clause-10 of Letters Paten
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