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2023 Supreme(Jhk) 477

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Bhola Ram S/o Late Chandrika Dusadh – Appellant
Versus
The State of Jharkhand – Respondent
L.P.A. Nos. 303, 312, 324 of 2022, I.A. Nos. 10655, 10659, 11775 of 2022
Decided On : 25-07-2023

Advocates:
Advocate Appeared:
For the Appellants : Manoj Kumar Sinha, Talat Parween, Seema Kumari Singh.
For the Respondent: Mohan Dubey.

Headnote:

Limitation Act - Section 5 - Interlocutory Application - Condonation of delay – Held, Once order has been passed by Constitutional Court more particularly ratio has been decided herein by Court, same having taken force of law of land and such same is binding even in absence of any statutory rule - Decision has been taken for dispensing with services, same according to Court considered view cannot be said to suffer from any infirmity - Court has discussed factual aspect and coming to order passed by learned Single Judge where from it is evident that learned Single Judge has also given due consideration of implication of judgment passed by Hon'ble Apex Court in case of Surender Paswan and Others (Supra) on basis upon which impugned order dated has been declined to be interfered with - Appeals dismissed

ORDER :

1. Heard learned counsel appearing on behalf of the appellants and learned counsel appearing on behalf of the respondents.

2. Learned counsel appearing for the appellants has submitted that the instant case may also be heard together with L.P.A. No. 303 of 2022 i.e. L.P.A. No. 312 of 2022 and L.P.A. No. 324 of 2022, since, similar issues are involved in all these three appeals.

3. Considering the same, all the three appeals are being heard together and are being disposed of by this common order.

4. Before entering into the merit of the issue, it requires to deal with the issue of limitation, since, all the appeals have been filed after the period of limitation.

I.A. No. 10659 of 2022 in L.P.A. No. 303 of 2022

5. This interlocutory Application has been preferred under Section 5 of the Limitation Act for condonation of delay of 32 days in filing the instant Appeal.

6. Considering the sufficient cause that the appellants are poor persons and they could not arrange the required money for filing of the instant L.P.A. before this Hon'ble Court, well within time and hence, there is delay of 32 days in filing the present L.P.A. thus, the delay of 32 days in preferring the appeal is hereby condoned.

7. There is no rebuttal reply to the Interlocutory Application filed in the instant L.P.A. application. However, the oral objection has been made not to condone the delay.

8. Heard learned counsel for the parties and after going through the reasons assigned and taking into consideration the fact that the issues are to be dealt with on merit, this Court is of the view that the delay in filing the appeal needs to be condoned.

9. Accordingly, the delay in filing the instant application is hereby condoned so the instant Interlocutory Application stands allowed and disposed of.

I.A. No. 10655 of 2022 in L.P.A. No. 312 of 2022

10. This interlocutory Application has been preferred under Section 5 of the Limitation Act for condonation of delay of 32 days in filing the instant Appeal.

11. Considering the sufficient cause that the appellants are poor persons and they could not arrange the required money for filing of the instant L.P.A. before this Hon'ble Court, well within time and hence, there is delay of 32 days in filing the present L.P.A. thus, the delay of 32 days in preferring the appeal is hereby condoned.

12. There is no rebuttal reply to the Interlocutory Application filed in the instant L.P.A. application. However, the oral objection has been made not to condone the delay.

13. Heard learned counsel for the parties and after going through the reasons assigned and taking into consideration the fact that the issues are to be dealt with on merit, this Court is of the view that the delay in filing the appeal needs to be condoned.

14. Accordingly, the delay in filing the instant application is hereby condoned so the instant Interlocutory Application stands allowed and disposed of.

I.A. No. 11775 of 2022 in L.P.A. No. 324 of 2022

15. This interlocutory Application has been preferred under Section 5 of the Limitation Act for condonation of delay of 32 days in filing the instant Appeal.

16. Considering the sufficient cause that the appellants are poor persons and they could not arrange the required money for filing of the instant L.P.A. before this Hon'ble Court, well within time and hence, there is delay of 32 days in filing the present L.P.A. thus, the delay of 32 days in preferring the appeal is hereby condoned.

17. There is no rebuttal reply to the Interlocutory Application filed in the instant L.P.A. application. However, the oral objection has been made not to condone the delay.

18. Heard learned counsel for the parties and after going through the reasons assigned and taking into consideration the fact that the issues are to be dealt with on merit, this Court is of the view that the delay in filing the appeal needs to be condoned.

19. Accordingly, the delay in filing the instant application is hereby condoned so the instant Interlocutory Application stands

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