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2007 Supreme(Pat) 1428

State of Bihar – Appellant
Versus
Ramesh Singh – Respondent


Advocates appeared:
For the Appellants : Mr. Ray Shivaji Nath.
For the Respondents: M/s K.N. Choubey, R. C. Sinha, S. K. Yadav.

BARIN GHOSH & ANWAR AHMAD, JJ

1. All these appeals are against a common judgment and order and accordingly the same are considered together and decided by this common judgment.

2. The present Letters Patent Appeals are against the order dated 10th July, 1998 passed in FA Nos. 414/95, 422/95, 423/95, 424/95, 426/95, 427/95 & 428/95 whereby and under the applications filed to condone the delay in filing the said appeals were dismissed principally on the ground that on similar facts and circumstances another First Appeal registered as FA No. 248/95 was filed, wherein also an application for condonation of delay was filed, which was rejected by an order dated 4th August, 1997. The learned Judge though discussed the law applicable to the subject, but did not consider the facts to which such law could be applied. The learned Judge did not record that the application contained any unexplained delay. The principal ground, therefore, to refuse discretion to condone the delay was the order dated 4th August, 1997 passed in F.A. No. 248/ 95.

3. We have enquired from the learned counsel for the appellant and have been able to gather that though an appeal was preferred against the order dated 4th A




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