UDIT PRIYE Vs. RINA KUMARI

JUDGEMENT

(1.) The present interlocutory application has been filed for condonation of delay of 111 days in filing the first appeal. The reason for delay in filing the first appeal, as stated in this interlocutory application, is that the appellant being a poor person, due to paucity of fund, he could not file the appeal within time.

(2.) Pressing the interlocutory application, learned counsel for the appellant submits that the when the appellant was able to collect some fund, the present appeal has been filed. Learned counsel has, accordingly, prayed for condonation of delay of 111 days.

(3.) Having heard learned counsel for the appellant and in view of the statements made in the interlocutory application, we are inclined to condone the delay in filing the first appeal. The delay in filing the instant appeal is accordingly, condoned.