Santokh Singh vs Manoj Kundu And Others
2021 Latest Caselaw 4100 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No. 104 of 2008
Santokh Singh                           ..... Appellant
                       Versus
Manoj Kundu and others               .... .... Respondents
                            ------

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellant : Mr. O.P. Tiwary, Advocate For the respondents :

09 / 29.10.2021 In view of the office note it appears that the notice issued upon respondent Nos.1 to 4 in I.A No. 476/2009 has been validly served.

I.A No. 476/2009 This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 229 days in preferring the instant appeal.

Learned counsel for the appellant that during the period of judgment and decree dated 26.07.2007, the appellant was very sick as he is an old man of about 75 years of age and he was advised by his doctor to take bed rest due to which he was unable to contact his lawyer within the period of limitation of filing the present second appeal.

It is further submitted that the Xerox copy of prescription has been filed which is on record. After recovery from his illness he after receiving instruction from the lawyer the appellant procured some essential documents and preferred the present second appeal. Considering the grounds taken in the condonation petition, the same is allowed.

I.A No. 476/2009 stands allowed.

List this case on the point of admission 23.11.2021.

(GAUTAM KUMAR CHOUDHARY, J.) Tarun