IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.204 of 2005
Ntpc Kahalgaon ,Bhagalpur
Versus
Bibi Khatijatul Kobra & Ors
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10. 03.11.2011. Heard the learned counsel for the appellant on
the interlocutory application No.3295 of 2005.
This is a limitation application filed by the
appellant under Section 5 of the Limitation Act for
condoning the delay of about 5 days in filing the First
Appeal. Earlier notices were issued to the respondent.
Nobody appears on behalf of the respondent
to oppose the limitation application.
From perusal of the stamp report, it appears
that the limitation for filing the appeal expired on
08.07.2005 and the appeal has been filed on
11.07.2005.
Considering the above facts and
circumstances of the case and the explanation given
in the limitation application, I am satisfied that the
appellant was prevented by sufficient cause from not
filing the appeal within time prescribed. Accordingly,
the interlocutory application No.3295 of 2005 is
allowed and the delay in filing the appeal is condoned.
Sanjeev/- (Mungeshwar Sahoo,J.)