STATE OF BIHAR Vs. TRILOKI PANDEY

JUDGEMENT

(1.) I have already heard the learned counsel for the appellant/the State of Bihar as well the learned counsel for the respondents on I.A.No.6964 of 2017, filed under Sec. 5 of the Limitation Act for condonation of delay in preferring this second appeal.

(2.) This appeal has been filed against the judgment dtd. 16/12/2016 and the decree dtd. 23/12/2016 in Title Appeal No. 05 of 2014 passed by the learned Additional District Patna High Court SA No.485 of 2017(16) dt.19/1/2024 Judge-V, Kaimur, Bhabua, affirming the judgment and decree dtd. 26/11/2013 and 5/12/2013 passed by the Munsif, Kaimur, Bhabhua in Title Suit No. 220 of 2005.

(3.) The limitation petition (I.A.No.6964 of 2017) was filed on 18/9/2017 for condonation of delay, but the period of delay has not been mentioned in the said application. In that application, it has been mentioned that the appellant/State of Bihar made deliberation in the Department of Law whether the appeal should be filed or not, and in obtaining the legal opinion, a lot of time was consumed. Finally, the file came to the office of the Advocate General after endorsement of the Law Department on 7/7/2017. Thereafter, the file was endorsed to the G.A.7 for filing of the present second appeal and hence the present appeal is being filed with some delay.