Citation : 2021 Latest Caselaw 203 Chatt
Judgement Date : 8 June, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
FA No. 15 of 2015
Smt. Kaushilya Bai Versus Sanjay Sharma And Ors.
Through Video Conference
08.06.2021 Shri Lavkush Kumar Sahu, counsel for the appellant.
None for respondent No.1, though served.
Shri Aman Upadhyay appears on behalf of Shri Sushil Dubey, counsel for
respondents No. 2 & 3.
Shri Lalit Jangde, Deputy G.A. for the State/respondent No.4.
Heard on I.A.No.01, which is an application for condonation of delay of 748
days in filing the present appeal.
Learned counsel appearing for the appellant submits that the appellant is an
illiterate and rustic villager and being so she is not aware of delivery of judgment
and came to know very late of this fact when she received the certified copy of the
same from her counsel, and therefore, she could not file the appeal in time.
No reply has been filed with regard to the said application for condonation of
delay.
On due consideration and for the reasons assigned in the application, which
is duly supported by an affidavit, I am inclined to allow the same.
I.A.No.01 is allowed and the delay of 748 days in filing the present appeal is
accordingly condoned.
In view of above, I.A.No.01 stands disposed of.
Also heard on admission.
Admit.
Issue notice to respondent No.1 on merit only, on payment of P.F. as per
rules.
Shri Sahu, counsel for the appellant is directed to supply a copy of this
appeal to counsel for other respondents, within a period of 15 days from today.
Post this matter after 5 weeks for further orders.
Sd/-
(Sanjay S. Agrawal) Judge
Anjani
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