NUZHAT-UL-GANI Vs. STATE OF J&K

JUDGEMENT

(1.) This is an application purported to have been filed under Section 5 of the Limitation Act with a prayer for condoning delay of 28 days in filing the accompanying appeal (LPA no. 290/2011).

(2.) In para 3 of the application it has been averred that the applicant was suffering from typhoid and the doctor advised him to take complete bed rest from 20.10.2011 to 24.11.2011. The pre scription slip, which has been dubbed as a Medical certificate in para no. 3, has been placed on record. There are other usual averments in para nos. 4 and 5, viz. that the applicant lost time in providing all the relevant material to the counsel for drafting and filing the appeal and the delay is neither delib erate nor intentional.

(3.) The application has been hotly contested by respondent no. 5 who has filed objections. In reply to para no. 3 to 5 the following averments have been made:-