ANITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this C.M.P., the petitioner has prayed for restoration of S.A. No. 583 of 2004, which was dismissed for non -compliance of the peremptory order dated 30.9.2005.

(2.) IT has been stated that there was delay of 23 days in filing C.M.P. and, as such, an application (I.A. No. 3364 of 2007) has been filed praying condonation of delay. In both the C.M.P. and the I.A., grounds are almost similar and they are being heard together with the consent of the parties.

(3.) SUBSEQUENTLY , when the notice was served by the office, the petitioner came to know that the appeal was dismissed for non -compliance of the peremptory order. The petitioner thereafter took immediate step for filing the C.M.P. and also for filing Interlocutory Application for condonation of delay. It has been stated that the petitioner had engaged her counsel and handed over the brief to him and there was no fault on her part.