The Court dismissed an application for condonation of delay (39 days) due to ignorance of law being an invalid excuse and allowed an exemption from court fees. The underlying appeal was also dismissed.
Exemption from court fees allowed; condonation of 39 days' delay and dismissal of appeal refused; condonation of re-filing delay allowed.
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CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 08.02.2016
CM No.4571/2016(exemption)
Exemption is allowed, subject to all just exceptions.
CM No.4573/2016(delay in re-filing for 20 days)
The delay in re-filing is condoned.
The application stands disposed of.
CM No.4572/2016(condonation of delay of 39 days) & FAO(OS) 38/2016
There is a delay of 39 days in filing this appeal.
The reason given by way of explanation of the delay is set out in paragraphs 2 & 3 of the application, which reads as under:-
“It is most respectfully submitted that the counsel for the appellant No.1 had received instructions to file the abovementioned appeal and had prepared the same under the misconceived notion that the same could be filed within 90 days from the date of the order after excluding the time that was required in procuring a certified copy of the said order. In these circumstances, the counsel was bona fide under the impression that the accompanying appeal could be filed.
It is most respectfully submitted that the delay of 39 days in the period between 31/10/2015 to 30/11/2015 was caused because the bona fide error on the part of the counsel
for the appellant. The said delay was inadvertent and for reasons beyond their control of the appellant.”
Ignorance of law cannot be a reason. Consequently, the appeal is beyond time. This application is dismissed and so is the appeal.
BADAR DURREZ AHMED, J
SANJEEV SACHDEVA, J
FEBRUARY 08, 2016 ‘sn’
3 issues framed by the court
Whether the belated filing of the appeal can be condoned given the alleged bona fide error by counsel and ignorance of law regarding time limits.
Whether the exemption from court fees can be granted for the appellant's application.
Whether the delay in re-filing the invoke CPR petition can be condoned.
SONJOY CHATTERJEE
SOLIL CHATTERJEE
BADAR DURREZ AHMED
SANJEEV SACHDEVA
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
