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2023 Supreme(Jhk) 1146

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Rizwana Khatoon, wife of Asrar Ahmad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manoj Tandon, Advocate Mrs. Neha Bhardwaj, Advocate Mr. Adamya Kerketta, Advocate
For the Respondent: Mr. Gaurang Jojodia, Mr.Indranil Bhaduri, SC-IV Mr. Suman Marandi, Mr. Karan Shahdeo, Mr. Anil Kumar Singh,

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No.9884 of 2022 in L.P.A. No.506 of 2022

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 118 days in preferring this Letters Patent Appeal.

2. Heard.

3. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.

4. Accordingly, I.A.No.9884 of 2022 is allowed and delay of 118 days in preferring the appeal is condoned.

I.A. No.4113 of 2023 in L.P.A. No.133 of 2023

5. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 245 days in preferring this Letters Patent Appeal.

6. Heard.

7. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.

8. Accordingly, I.

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