This is a CM. petition for restoration of a special appeal dismissed due to delay. The petitioner cited reasons including age and illness but faced dismissal for the 6844-day delay.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.576 of 2012
Kajru Sahu …… Petitioner
Versus
Basant Sahu & Ors. …… Respondents
--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY
For the Petitioner : Mr. Amar Kr.Sinha, Advocate For the Respondent : xxxxx
06/10.09.2015 This petition has been filed for restoration of S.A. no.66 of 1990(R), which was dismissed for non-compliance of Court's order dated 20.12.1993.
It appears that this petition has been filed after delay of 6844 days approximately after twenty years.
It is submitted that appellant was aged about 80 years having only son employed in Army. The appellant remained under treatment for long time, but could not survive. The sole legal heir, who is employed in Army, could not get knowledge about dismissal of the second appeal and, therefore, no petition for restoration of second appeal has been filed earlier. All the medical certificates have been attached with this petition for Court's perusal.
It appears that this petition has also been running with defects. The law helps to a person, who is awaken. Such long delay of about 20 years on the ground mentioned could not be condoned.
In the circumstances, this petition stands dismissed.
All interlocutory applications, which are pending, also stand rejected in view of the order passed above.
s.b.
Kajru Sahu
Basant Sahu & Ors.
D.N. Upadhyay
As recorded by the court registry
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