Yogesh Prasad Sah vs Union Of India on 24 June, 2010

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    MA No.282 of 2010
                                  YOGESH PRASAD SAH
                                           Versus
                                    UNION OF INDIA
                                         -----------

3 24.06.2010 Heard the learned counsels for the parties on the

interlocutory application No. 3545 of 2010.

This is a Limitation Application u/S 5 of the

Limitation Act for condoning the delay of about 128 days.

According to the appellant, because of laches on

the part of the conducting lawyer in the court below in filing

the appeal and therefore, for the laches on the part of the

advocate, the clients should not suffer. On the otherhand,

the learned counsel for the respondent vehemently opposed

the prayer for condoning the delay.

After hearing the parties, I am satisfied that the

appellant was prevented by sufficient cause from not filing

the appeal within time.

Accordingly, the interlocutory application No.

3545 of 2010 is allowed. The delay in filing the appeal is

condoned.

AKV/                                          (Mungeshwar Sahoo,J.)