RAMPRIT CHOUDHARY Vs. KAVITA DEVI

JUDGEMENT

(1.) Re.: I.A. No. 9110 of 2016

(2.) Hence, there has been no willful and deliberate latches on his part in preferring this appeal late rather aforesaid delay has been caused due to his aforesaid ailment. He has filed certain prescriptions of Dr. C.P. Verma and certificate issued by the aforesaid doctor in buttress of his case. He has relied upon the verdict of Hon'ble Apex Court rendered in N. Balakirshanan Vs. Mr. M. Krishnamoorthy, (1998) 7 SCC 123 in buttress of his case.

(3.) Respondent nos. 5 and 6 by filing rejoinder against the aforesaid interlocutory application attaching the order sheets of the court below of different dates have opposed the aforesaid interlocutory application and submitted that the appellant never fell bed ridden and appeared before the court below on each and every dated fixed and took active part in the court below. There is no sufficient ground for condonation of delay rather aforesaid delay has been caused by the appellant deliberately and intentionally. Respondent nos. 5 and 6 have relied upon the verdict of Hon'ble Apex Court rendered in Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy, (2014) 1 PLJR 290 in buttress of their case.