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2024 Supreme(Jhk) 6

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Sabir Hussain S/o Late Mohammad Choudhary – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.K. Mukhopadhyay.
For the Respondent: Rakesh Kr. Shahi.

 

1. This interlocutory application has been filed seeking condonation of delay of 29 days in preferring L.P.A. No. 579 of 2023.

2. In this application, the appellant has stated as under:

 

    “5. That the appellant is resident of Dehri, Bihar and as such he could not come to his counsel at Ranchi for instructing him to file the instant appeal within time, since he fail suddenly ill and had been suffering from viral fever, cough and cold for 26 days and after recovery when he contacted his lawyer by that time limitation of 30 days has already expired, hence this I.A. for the condonation of delay in filing the instant memo of appeal.

6. That the appellant was all along vigilant in pursuing its case and there is no willful latches or negligence on part of the appellant or his counsel and the circumstances under which the delay had occurred was completely beyond control and the appellant was prevented from sufficient cause in not filing this appeal within time.

7. That the appellant would suffer irreparable loss and injury if delay consumed in filing of the instant application is not condoned by this Hon'ble Court and opportunity is not granted to the appellant to contest the appeal on merit.

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