LAWS(PAT)-2007-4-180

STATE OF BIHAR Vs. METHODIST CHURCH IN INDIA

Decided On April 30, 2007
STATE OF BIHAR Appellant
V/S
METHODIST CHURCH IN INDIA Respondents

JUDGEMENT

(1.) DEFENDANT -appellant -petitioner, aggrieved by the order dated 19.7.2000, passed by the 2nd Additional District Judge, Buxar in Title Appeal No. 38 of 1998 declining to condone the delay in filing the appeal, has preferred this application.

(2.) AGGRIEVED by the judgment and decree dated 9.1.1998 the State of Bihar preferred Title Appeal No. 38 of 1998 on 16.6.1998. It also filed application for condoning the delay in filing the appeal. The Lower Appellate Court, finding that the cause shown by the appellant -petitioner for condoning the delay in filing the appeal is not sufficient, rejected the said application. Junior Counsel to Standing Counsel No. -V submits that before filing the appeal, various decisions are taken at various levels of the Government and in that, the delay had occurred. This according to the learned Counsel constitutes sufficient cause. Hence the Court below failed to exercise its jurisdiction in refusing to condone the delay in filing the appeal.

(3.) MR . S.S. Dwiwedi, Senior Advocate, appearing on behalf of the opposite party, however, submits that the petitioner, having not shown sufficient cause, the Court below, did not err in rejecting the application for condoning the delay in filing the appeal. He points out that, in fact, the petitioner applied for certified copy of the judgment and decree after the expiry of the period of limitation.