STATE OF BIHAR Vs. ARJUN PRASAD RAJAK

JUDGEMENT

(1.) Challenging the judgment and order passed by the High Court of Judicature at Patna in L.P.A. No. 690 of 2008 dated 15thSeptember, 2008, the State of Bihar has filed this civil appeal. By the impugned judgment, the High Court has declined to condone the delay in filing the Letters Patent Appeal and, consequently, has rejected the appeal.

(2.) In filing the appeal, there was a delay of one year and eighteen days. Alongwith the appeal, an application under Section 5 of the Limitation Act had been filed to condone the delay in filing the appeal, if any. In the affidavit filed alongwith the application, the delay in filing the appeal had been explained. The High Court is of the view that the explanation offered in filing the appeal belatedly, is not satisfactorily explained. Accordingly, it has declined to entertain the appeal. Yet, again has also found that there is no merit in the appeal.

(3.) We have heard learned Counsel for the parties to the lis.