PAWAN KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) I .A. No. 3609 of 2006 has been filed for condoning the delay of 238 days ' in filing this Letters Patent Appeal.

(2.) AFTER having heard the learned counsel for the parties and considering the grounds stated in the application for condoning the delay, which have "remained uncontroverted, as well as, keeping in mind the latest proposition of law of 2/1/2013 Page 83 delay condonation jurisprudence, we are of the opinion that there was sufficient cause for not filing this Letters Patent Appeal within the period of limitation. Therefore, the delay in filing the appeal is condoned. I.A. is allowed. Rule is made absolute. No costs.

(3.) IT appears that the learned Single Judge while passing the impugned order dated 28.11.2005 in C.W.J.C. No. 12088 of 2004 was constrained to make observation and direction against the appellant in the peculiar facts and circumstances which are highlighted in the impugned judgment itself.