DHURUB KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present interlocutory application has been filed on behalf of the appellant under Sec. 5 of the Limitation Act, 1963 for condonation of delay of 439 days in filing the instant letters patent appeal.

(2.) Learned counsel for the appellant submits that the writ petition being W.P.(S) No.1317 of 2022 was dismissed by the learned Single Judge of this Court on 21/11/2023. The said fact could not be informed by the counsel to the appellant due to which he was under impression that the said writ petition was pending before the High Court. On 20/1/2025, the appellant enquired from his counsel about status of the case upon which he was informed that the writ petition was already dismissed on 21/11/2023 and he was not able to inform the said fact to the appellant, as his contact number was deleted from his mobile phone.

(3.) It is further submitted that the appellant is an old and ailing person and was being regularly treated by the local doctors. This was also the reason, which attributed in delayed filing of the instant letters patent appeal, challenging the order dtd. 21/11/2023 passed in W.P.(S) No.1317 of 2022.