STATE OF BIHAR Vs. RAM KISHORE SINGH

JUDGEMENT

(1.) Heard I.A. No. 4067 of 2018 in L.P.A. No.598 of 2018 and I.A. No. 02 of 2018 (4070 of 2018) in L.P.A. No. 602 of 2018 for condonation of delay of about 03 years and 157 days insofar as filing of L.P.A. No. 598 of 2018 and L.P.A. No. 602 of 2018 in which order of the learned Single Judge dtd. 20/10/2014 passed in C.W.J.C. No. 18382 of 2009 and C.W.J.C. No. 17531 of 2009 are assailed. The aforesaid Interlocutory Applications are hopelessly drafted without indicating number of days of delay. In paragraph Nos. 01, 10 and 12 number of days have been left it blank. In fact, the office should have raised objection.

(2.) Be that as it may, sufficient cause has not been revealed so as to condone the enormous delay of 03 years and 157 days. Recently, Hon'ble Supreme Court in the case of Mrinmoy Maity v. Chhanda Koley, reported in 2024 SCC OnLine SC 551, elaborately considered in respect of delay in filing litigations. In para -10 to 14, it is held as under:-

(3.) In the light of the aforementioned principle insofar as condonation of delay is concerned, the appellants have not made out a case so as to condone the delay of about 03 years and 157 days in filing of L.P.A. No. 598 of 2018 and L.P.A. No. 602 of 2018.