STATE OF ASSAM Vs. JHANENDRA CHOUDHURY

JUDGEMENT

(1.) [Heard Shri C. Choudhury, learned Sr. Gavt. Advocate, Assam, appearing for the appellants. None appears for the respondents, although the respondents were duly served.

(2.) This appeal was admitted by order dated 22.12.95. However, during the course'of argument it transpired that the appeal was filed after expiry of the period of limitation. It is submitted that the delay of 385 days occurred due to various processes undertaken before filing of the appeal. According to Shri C. Choudhury, the master had to be dealt with at various levels, including the Legal Remembrancer and eventually approval for preferring the appeal was given. In this process the delay has taken place. Shri Choudhury urges that condonation of the delay in the instant case is necessary and it will be in aid of justice since the writ petition filed by the petitioners/respondents before this Court is not maintainable.

(3.) In view of the submissions mads by the learned Sr. Govt. Advocate, Assam, we are of the opinion that there is sufficient ground to condone the delay in filing the appeal. The delay is accordingly condoned.