ANANDI SINGH Vs. UPENDRA SINGH

JUDGEMENT

(1.) IN this interlocutory application, the applicant -petitioner has prayed for condonation of delay of 152 days in filing C.M.P. No. 206 of 2005. It has been stated that the petitioner had filed S.A. No. 102 of 2004. He had handed over the brief to his counsel and subsequently, by letter dated 11.2.2005, the concerned counsel informed the petitioner that his case was about to be finally heard and for that purpose he had also asked to pay hearing fee. When the applicant -petitioner came and enquired about the appeal, he found that his appeal was already dismissed long back for noncompliance of the peremptory order dated 23.9.2004. It has been submitted that the petitioner was all along in bona fide belief that his appeal has been admitted and is pending for hearing. The then learned counsel had also written a letter much after the date of dismissal of the appeal asking him to pay hearing fee. The petitioner is a resident of distant place in Godda.

(2.) NOTICES were issued to the respondents learned counsel for the respondents submitted that, there is no proper explanation of the reasons for the delay. He was all along negligent.

(3.) HOWEVER , though this Court is satisfied that the petitioner has been able to explain the delay in filing the petition properly, yet since the respondents have engaged their counsel and have incurred expenses in contesting the C.M.P. for their no fault, this interlocutory application is allowed and the delay in filing C.M.P. is condoned, subject to payment of cost of Rs. 500/ - (five hundred) to the respondents within a period of three weeks.