LAWS(HPH)-2012-4-6

KARAN J KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On April 26, 2012
KARAN J.KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH THROUGH SECRETARY (FINANCE) Respondents

JUDGEMENT

(1.) C.M.P.(M) No.350 of 2011 The present application has been filed by the applicant/appellant under Section 5 of the Limitation Act for condoning the delay in filing the Original Side Appeal against the judgment dated 17.7.2007, passed by learned Single Judge in Civil Suit No.32 of 2004, titled as Dr. Karan J. Kumar v. Government of Himachal Pradesh. It has been submitted by the applicant that after receiving the copy of impugned judgment on 26.11.2007, he Whether reports of Local Papers may be allowed to see the judgment? was not in a position to bear the expenses and fee, as he was to file the appeal as an indigent person and he wrote to the Legal Services Authority for getting legal aid. As such, during that process, delay of more than three years has occurred in filing the present appeal.

(2.) HEARD learned counsel for the parties. We have also gone through the contents of the application and reply filed by respondent No.2 and response of respondent No.1, who has adopted the reply of respondent No.2.

(3.) IN view of the dismissal of both the applications [C.M.P.(M) No.350 of 2011 & P.A. No 1 of 2011], the appeal is dismissed. Disposed of as such.