I.A. No. 1283 of 2006

Dr. Ravi Ranjan, J.—This interlocutory application had been filed on behalf of the petitioner for condoning the delay in filing of Civil Revision. This Civil Revision was initially filed on 7.3.2006, however, ultimately after removal of defects it could finally be filed on 10.3.2006.

2. It had been stated that as per the calculation of the office, the limitation had expired on 9th of November, 2005.

3. I have heard learned counsel for the petitioners as well as the opposite parties.

4. It had been submitted on behalf of the petitioner that on advice the petitioner had filed Misc. Appeal Na. 29 of 2005 challenging the impugned order dated 19.7.2005 before the District Judge, West Champaran at Bettiah, however, since the appeal was not maintainable, the appeal was permitted to be withdrawn with a liberty to the appellant to seek relief at the appropriate forum. Thereafter, the petitioner had fallen ill and could come to contact his concerned Advocate on 23.2.2006 and ultimately the appeal could be filed on 7.3.2006.

5. Though no counter affidavit has been filed on behalf of opposite parties to this interlocutory Application, learned counsel for opposite part