Patna High Court - Orders
Sita Ram Ram & Anr. vs Radha Kishun Prasad & Ors. on 17 September, 2018
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.75 of 2013
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Sita Ram Ram & Anr.
.... .... Appellants
Versus
Radha Kishun Prasad & Ors.
.... .... Respondents
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Appearance :
For the Appellant/s : Mr. Ram Kishun Prasad
For the Respondent/s : Mr.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
14 17-09-2018Heard learned counsel for the appellants.
The present application under Section 5 of the Limitation Act has been preferred seeking to condone the delay in filing the First Appeal as the same has been filed after delay of about 91 days as reported by the Office.
It is submitted on behalf of the appellants that the delay has been caused due to inadvertence and was not deliberate. It is further submitted that the notices were issued in the limitation matter to the respondents and some of them have appeared but have chosen not to contest the matter. As far as the other respondents are concerned, notices were validly served upon them.
In view of the fact, the delay in filing I.A. application stands condoned.
Accordingly, I.A. No. 6098 of 2013 is allowed. Let the appeal be treated as admitted case.
(Anjana Mishra, J) Amit/-
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