KAMLA KUMARI Vs. VED PRAKASH GUPTA

JUDGEMENT

(1.) This order will dispose of an application under Section 5 of the Limitation Act for condonation of delay of 52 days in filing the Regular Second Appeal against the judgment and decree dated 8.4.2004 Notice has already been issued in the main appeal by my learned predecessor.

(2.) I have heard Mr. S.P. Jha, Advocate learned counsel for the applicant and Mr. RLS Chaudhary Advocate learned counsel for the respondents.

(3.) It is submitted by the learned counsel for the applicant-appellant that the applicant received certified copy of the judgment dated 8.4.2004 on 16.4.2004 The applicant approached her learned counsel for preparing the appeal but file was not traceable in the office of the learned counsel. During the month of June the courts remained closed and the staff of the Advocate was also not available therefore the applicant was told to come on 4th July, but the file could be traced only in the last week of August, 2004 and the present counsel took about 12-14 days to prepare the appeal. This caused a delay of 52 days. The application is supported with the affidavit of the applicant.