Sarita Devi vs Union Of India & Others

I.A. No.3770 of 2017

This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 01 days in preferring this Civil Miscellaneous Petition.

Heard the parties.

Having regard to the averments made in the application and submissions made on behalf of the petitioner, we are of the view that the petitioner was prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 01 day in preferring the instant petition is hereby condoned.

I.A. No. 3770 of 2017 stands allowed.

C.M.P. No.294 of 2016

Learned counsel for the petitioner has submitted that he vide order dated 11.05.2016 two weeks’ time was allowed to the petitioner to remove the defect but due to demise in the family of learned counsel for the petitioner, he had gone to Orissa to attend the last rites and, as such, the defect could not be removed during the peremptory period.

He further submits that there was no willful laches on the part of the petitioner or the conducting counsel and the C.M.P. No.269 of 2015 which stood dismissed for non-compliance of the peremptory order, may be restored to its original file otherwise the petitioner may suffer irreparable loss and injury.

Learned counsel for the opposite parties has raised no objection.

This Court, after having heard the learned counsel for the petitioner and having gone through the reason assigned in the instant Civil Miscellaneous Petition, deems it fit and proper to restore the Civil Miscellaneous Petition being C.M.P. No.294 of 2016, which stood dismissed for non-compliance of order dated 11.05.2016, to its original file.

In view thereof, the Civil Miscellaneous Petition being C.M.P. No.294 of 2016 is restored to its original file.

Accordingly, the instant Civil Miscellaneous Petition stands disposed of.