KOBE ETE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. T. Michi, the learned counsel for the petitioner and Mr. N. Tagia, learned counsel for the respondent No. 4 and Ms. G. Deka, learned Govt. Advocate for the respondent No. 1, 2 and 3.

(2.) BY this application the petitioner prayed for condoning the delay of 41 days (?) in filing the Civil Revision Petition No. 136/2004. Notice of the aforesaid application was issued on 01. 07. 2004 in pursuant to which the respondent No. 4 has filed his objection resisting the prayer for condoning the delay of 41 days.

(3.) IN the affidavit in opposition the respondent No. 4 has denied the correctness of the statement made in the petition. The petitioner's case is that, she is a lady staying at Along in the West Siang District and she entrusted her case with an Advocate namely Sri Gilli Ate to file the present revision petition. But later on it was found that the said Advocate did not file the petition and has left Itanagar. After constant persuasion the petitioner could obtain the necessary papers of the case from the said Advocate and there after she entrusted with the present Advocate for filing the case and in the process there has been delay of 41 days for filing the revision. The petitioner is a layman and the delay in filing the petition has been caused for the reasons beyond her control. Accordingly, Mr. T. Michi, learned counsel for the petitioner submits that the delay in filing the revision petition should be condoned.