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Supreme Court of India · body

2000 DIGILAW 1822 (SC)

NIRMAL K. PHATHAK v. State Of Bihar

2000-11-03

S.N.PHUKAN, S.S.M.QUADRI

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( 1 ) LEAVE is granted. ( 2 ) HEARD the learned counsel for the parties. ( 3 ) THIS appeal is directed against the order of the High Court declining to condone the delay of 21 days in filing LPA No. 304 of 1997 and dismissing the same on 11-8-1997. ( 4 ) A perusal of averments in the petition, IA No. 1273 of 1997 in LPA no. 304 of 1997, shows that the delay was caused due to bereavement in the family of Shri R. S. Rai, Senior Advocate, on account of which he could not file the appeal in time. In our view, this is eminently a sufficient cause to condone the delay of 21 days. We accordingly set aside the order under challenge, allow the said IA, condone the delay and remit the matter to the high Court for disposal of the appeal in accordance with law. ( 5 ) THE appeal is thus allowed. No costs.