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2023 Supreme(Jhk) 1145

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Muni Lal Mandal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Saibal Mitra, Advocate
For the Respondents:Mr. Prabhat Kumar Sinha, Advocate

JUDGMENT :

Sujit Narayan Prasad, J.

Heard learned counsel for the Petitioner/Appellant and the learned counsel for the Respondents/Respondents.

I.A. No. 4368 0f 2022

2. Before entering into the merit of the issue, it requires to deal with the issue of limitation, since, this appeal has been filed after the period of limitation.

3. This interlocutory Application has been preferred under Section 5 of the Limitation Act for condonation of delay of 20 days in filing the instant Appeal.

4. Heard learned counsel for the parties.

5. Having regard to the averments made in the application and submission made on behalf of the parties, we are of the view that the appellant was prevented from sufficient cause in filing the appeal within the period of limitation and having no objection on the part of the Respondent State, the delay of 20 days in preferring the present appeal is hereby condoned.

6. Accordingly, the instant Interlocutory Application being I.A. No. 4368 of 2022 stands allowed.

L.P.A. No. 202 of 2022

7. Heard learned counsel for the Petitioner/Appellant and the learned counsel for the Respondents/Respondents. The instant appeal is being heard on merit.

8. The appeal is under Clause-10 of the

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