State Of Bihar vs Parmeshwari Sahni & Ors on 12 September, 2011

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              First Appeal No.26 of 1982
                                       State Of Bihar
                                           Versus
                                Parmeshwari Sahni & Ors
                              ----------------------------------

27. 12.09.2011 Perused the office note dated 7.9.2011.

So far item No.1 is concerned it is the

limitation application. There is delay of about 32 days in

filing the appeal. The learned counsel for the appellant

submitted that because of movement of file from one

table to another this delay occurred and then obtaining

opinion from the law department the appeal has been

filed. The learned counsel appearing on behalf of the

respondent objected the prayer for condoning the

delay.

Considering the submissions of the parties

and explanation given in the limitation application, I am

satisfied that the appellant was prevented by sufficient

cause from not filing the appeal within time.

Accordingly, the delay in filing the appeal is condoned

and the limitation application is allowed.

So far item No.2 is concerned, the appellant

shall take steps for notice to show cause in substitution

matter on the proposed legal representatives of

respondent No.9 in ordinary process within two weeks.

Peremptory. The interlocutory application No. 1110 of

2000 and supplementary affidavit at Flag ‘B-1’ shall be

considered after service of notice on the proposed heirs
2

of deceased respondent No.9. The notice on the

proposed heirs of respondent No.8 is accepted as valid

service.

S.S.                         (Mungeshwar Sahoo, J.)