STATE OF BIHAR Vs. SHIV NATH RAM

JUDGEMENT

(1.) THE appeal suffers from delay of 271 days. For condonation thereof this application has been made.

(2.) CAUSE for delay has been set out thus: - "That the learned Advocate of the respondent Sheo Nath Ram sent photocopy of the aforesaid judgment for compliance which was received in the appellant office on 13.8.2007. That the appellant office examined the matter and order passed by the Hon ble Court and found that the judgment is contrary to Bihar Finance Rule and Board Miscellaneous Rule and it has been decided to file L.P.A. and accordingly on 5.10.2007 in its letter no. 1392 a proposal was sent to the Home (Police) Department, Government of Bihar for grant of permission for filing L.P.A. and its copy was also sent to the Secretary -cum -Law Advisor, Law Department. That Home (Police) Department sent the file to the Law Department on 15.10.2007 and the Law Department on very next date i.e. on 16.10.2007 sent the said file to the office of Advocate General, Bihar, Patna. That the learned Advocate General forwarded his opinion on 28.11.2007 and sent the said file to the Law Department on 29.11.2007. That the Law Department, sent the said file to the Home (Police) Department on 3.12.2007 and thereafter the Home (Police) Department sent the aforesaid opinion on 18.1.2008. That thereafter it was again sent to the office of Advocate General which was received in the Advocate General office on 17.3.2008. That on 18.3.2008 the concern file was handed over to the concern Law Office, G.P.18 for filing the instant L.P.A. That the office of the Government Pleader No. 18 after getting the concerned file wrote letter to the Deputy Inspector General, I/S Personnel for giving detail of and relevant document for filing L.P.A. That thereafter the L.P.A. has been drafted and after being typed the same has been filed." No reply has been filed by the respondent opposing the limitation application.

(3.) FOR the reasons set out in the application, we are satisfied that appellants were prevented by sufficient cause in filing the appeal in time. The cause shown in the application constitutes sufficient cause.