Bhola Singh vs Balku Singh & Anr
2023 Latest Caselaw 3061 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 282 of 2018
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    Bhola Singh                    .... .... .... Appellant
                            Versus
    Balku Singh & Anr.             .... .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. S.K. Vishwakarma, Advocate

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Order No.06 Dated- 21.08.2023 I.A. No.921 of 2022 This interlocutory application has been filed with a prayer to condone the delay of 1071 days in filing this second appeal.

No one turns up on behalf of the respondents in-spite of repeated calls even though notice has validly been served.

It is submitted by the learned counsel for the appellant that the appellant was not aware about the disposal of the appeal and he came to know for the first time about the same in July, 2015 and the advocate was requested for obtaining the copy of the judgment and the appellant being the poor man could not arrange money to file the appeal at Ranchi and ultimately after collection of money, the appellant filed appeal in February, 2018 but the same resulted in delay in filing this appeal. It is further submitted by the learned counsel for the appellant that the appellant has very good grounds to agitate in this second appeal and the delay was neither intentional nor deliberate and unless the delay of 1071 days is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay of 1071 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 282 of 2018 Heard the parties.

The learned counsel for the appellant prays for time to advance argument in the matter of Admission.

Prayer for time is allowed as the last chance. List this appeal after two weeks under Order XLI Rule 11 C.P.C.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)