MST. RAFIQA BEGUM Vs. STATE OF JK

JUDGEMENT

(1.) The applicant - Mst. Rafiqa Bano has filed an application seeking the indulgence of this Court in condoning the delay of 01 year146 days in filing the Appeal on the grounds, inter alia, that the applicant-appellant came to know about the judgement dated 02nd of May, 2013 of this Court, passed in SWP 1026/2008, only when she filed the second writ petition (OWP 605/2013). The applicant-appellant proceeds to state that that she was unaware of the legal procedure and technicalities, which resulted in delay to file the appeal against the order aforementioned. It is further pleaded in the application by the applicant that no sooner did she get the opinion from her lawyer, she decided to file the appeal. However, the applicant further states that because of the ailing health of her daughter, she was not able to file the appeal in time. It is also pleaded in the application that the delay in filing the appeal was neither deliberate nor willful and if the delay is not condoned, the applicant will suffer an irreparable loss. The application is buttressed with an affidavit.

(2.) Learned counsel for the respondents have vehemently resisted the application of the Appellant, primarily on the ground that although the applicant has stated that she sought the opinion of the counsel for filing the appeal, yet there is nothing to state as to when the applicant was advised to file the Appeal. The application being cryptic and there being no ground, much less a sufficient one, for the Condonation of Delay, the application is liable to be dismissed.

(3.) Heard and considered.