Smt. Kunti Devi vs Rita Devi & Ors
2024 Latest Caselaw 10618 Jhar

Jharkhand High Court

Smt. Kunti Devi vs Rita Devi & Ors on 25 November, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     S.A. No. 348 of 2019
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Smt. Kunti Devi .... .... .... Appellant Versus Rita Devi & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Tarun Kumar No.1, Advocate For the Respondents : Mr. Yogesh Modi, Advocate : Mr. A.K. Geasen, Advocate

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Order No.09 Dated- 25.11.2024 I.A. No.6160 of 2022 Heard the parties.

This interlocutory application has been filed with a prayer to condone the delay of 17 days in filing this second appeal.

It is submitted by the learned counsel for the appellant that the appellant is an illiterate rustic villager and old lady suffering from several old age ailments and has no knowledge about the technicality and limitation period of filing this second appeal and due to the illiteracy she would not know immediately, about the judgment and decree, hence, the same resulted in delay in filing this second 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. It is lastly submitted that unless the delay of 17 days is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay of 17 days in filing this second appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.)

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 a week under Order XLI Rule 11 C.P.C.

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