SMT. SAVITA SAHU Vs. GIRVAR

JUDGEMENT

(1.) Heard on I.A.No. 1/15 for condonation of delay as the instant miscellaneous appeal has been preferred after 897 days of its limitation.

(2.) Learned counsel for the appellants submits that after the impugned order passed by the Chief Judicial Magistrate, Balodabazar, C.G. in Guardian and Wards Case No. 2/12 vide order dated 12-09-2013, the appellants preferred the appeal under Section 96 of the CPC before the Court of District and Sessions Judge, Balodabazar, C.G. On 19-01-2015, the learned District and Sessions Judge, Balodabazar has returned the memo of appeal for want of jurisdiction with a note to file appeal before the High Court. Thereafter, the appellants preferred the instant miscellaneous appeal. The delay is bonafide, hence, the same may be condoned.

(3.) On due consideration, for the reasons mentioned in I.A.No. 1/15, the delay in filing of this miscellaneous appeal is hereby condoned.