IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 31 of 2011
I.A. No. 381 of 2011
Md. Ekram Khan … … … … Appellant
The State of Jharkhand & Ors.. … … … Respondents.
CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE P. P. BHATT
For the Appellant : Mr. Bindeshwari Singh
For the Respondent : J.C. to A.G.
Order No. 03 th Dated 29 June, 2011 By Court Heard learned counsel for the appellant on the application filed
under Section 5 of the Limitation Act as the appeal has been
preferred after delay of 677 days and absolutely flimsy grounds have
been given for condonation of delay by levelling allegation against
the counsel that he has not informed the appellant. It was the duty of
the appellant to remain in touch with the Advocate and it was not the
duty of the Advocate to search the client.
2. From the reasons given in the application, we are not satisfied
that there was sufficient cause for not preferring the appeal in time,
therefore, the application filed under Section 5 of the Limitation Act
as well as the L.P.A. are dismissed.
(Prakash Tatia, A.C.J.)
(P. P. Bhatt, J)