Mithilesh Yadav vs The State of Bihar and Others

This letters patent appeal has not been filed in time. It suffers from delay of 218 days. For condonation thereof. an application (I.A. No. 4762 of 2008) has been made. The explanation has been set out thus: "That it is stated here that mother of the petitioner became serious ill as a result of the petitioner was busy in attending her as a result the petitioner could not reach within time."

It is not clear from the aforesaid averment made in paragraph-2 as to whether the appellant has tried to explain the reason for his absence on 4th December, 2006 in the court or the delay of 218 days. Even if we assume that the explanation set forth in paragraph-2 is intended to explain delay of 218 days, we find that the explanation is not supported by any material. Even the illness with which the appellant''s mother is said to have been suffering has not been disclosed. No medical certificate of illness of the appellant''s mother has been placed on record.

We are afraid that the long delay of 218 days is not explained.

We are, thus, constrained to dismiss the application (I.A. No. 4762 of 2008) u/s 5 of the Limitation Act. We order accordingly. Since the appeal is barred by time and the application for condonation of delay has been rejected by us, the appeal has to be dismissed and we order accordingly.