High Court Patna High Court - Orders

Ntpc Kahalgaon ,Bhagalpur vs Bibi Khatijatul Kobra & Ors on 3 November, 2011

Patna High Court – Orders
Ntpc Kahalgaon ,Bhagalpur vs Bibi Khatijatul Kobra & Ors on 3 November, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             First Appeal No.204 of 2005
                               Ntpc Kahalgaon ,Bhagalpur
                                          Versus
                              Bibi Khatijatul Kobra & Ors
                             ----------------------------------

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.)