Ratna Rita Topno LPA 370 OF 2013 Delay Condonation

IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
I. A. No. ……….… of 2013
in
L.P.A. No. 370 of 2013
IN THE MATTER OF:
An application u/s 5 of the
Limitation Act 1963;
AND
IN THE MATTER OF:
Ratna Rita Topno wife of Late Md. Pappu, resident of Mohalla Konka
Diputoli, P.O. GPO, P.S. Lower Bazar, District-Ranchi.
…Petitioner
Versus
1. The State of Jharkhand.
2. The Judge In-charge / Registrar, Civil Court, Simdega, at, P.O.,
P.S. & District - Simdega.
3. Rabiya Khatoon wife of Late Md. Rahim.

2
4. Md. Afaque alias Bablu son of Late Md. Rahim, both residents of
Mohalla Nadi Ground, Tanjeem Nagar, P.O. and P.S. Hindpiri,
District-Ranchi.
… Respondents
To,
Hon'ble Mrs. Justice R. Banumathi The Chief Justice of
The High Court Of Jharkhand And Her Other Companion Judges of
The Said Hon'ble Court.
The humble petition on
behalf of the petitioner
named above;
MOST RESPECTFULLY SHEWETH :-
1. That this application is being preferred on behalf of Petitioner
above named for condonation of delay of 11 days in filing of the
abovementioned L.P.A. No. 370 of 2013 filed by the petitioner.
2. That the petitioner has not moved before this Hon’ble High
Court for the selfsame relief as sought for in this application any
time earlier.
3
3. That at the outset it is stated that after the impugned order
dated 05-09-2013 the same was informed to her about a weak
thereafter by the lawyer concerned.
4. That it is further stated that on being informed aforesaid she
requested the office of the lawyer concerned to obtain the
certified copy so as to decide the future course of action.
5. That it is stated that accordingly the same was obtained and
informed to her on 21/09/2013 Thereupon she met with the
lawyer and entered into discussion.
6. That after the discussion with the lawyer and family friends
although it was decided to prefer the instant memo of appeal,
but the acute poverty and financial crunch came in her way to
do the same promptly inasmuch as she has no independent
source of income and the respondents have denied the entire
legitimate payments.
7. That it however stated that she somehow or other manage the
requisite minimum fund and then handed over the brief to the
office of the lawyer concerned to prepare and prefer the appeal
on 20/10/2013.
4
8. That it is stated that only thereafter the appeal was prepared
and filed and in this way the delay of 11 days have occurred in
filing the appeal which is unintentional and beyond the control
of the petitioner.
9. That it is also submitted that petitioner have got otherwise full
proof case on merit being covered by one or other authoritative
pronouncement of the Hon’ble Courts and therefore it is
desirable, expedient and in the interest of justice to condone
the delay as pointed out by the registry and consider the matter
on merit.
10. That in the facts and circumstance of the case it is further
submitted if this application is not allowed, the petitioner widow
will suffer irreparable loss and injury.
11. That this application is being filed bona fide and in the interest
of justice.
It is, therefore, humbly prayed that
your Lordships may graciously be
pleased to condone the delay of
11 days in filing of the

5
abovementioned L.P.A. No. 370 of
2013 filed by the petitioner;
AND / OR
Be pleased to pass any other
order(s) as your Lordships may
deem fit and proper in the facts
and circumstances of the case.
AND
For which the Petitioner shall ever
pray.
6
AFFIDAVIT
I, Ratna Rita Topno wife of Late Md. Pappu, resident of Mohalla Konka
Diputoli, P.O. GPO, P.S. Lower Bazar, District-Ranchi; do hereby
solemnly affirm and state as follows:-
1. That I am the Petitioner in the connected Appeal and as such I
am well acquainted with the facts and circumstances of the case.
2. That the contents of this application with affidavit have been read
over and explained to me in Hindi which I have fully understood
the same.
3. That the statements made in paragraphs are true to
my knowledge, those made in paragraphs are true to
my information derived from the records and rest are by way of
submission before this Hon’ble Court.
Sworn, Signed and Verified this Affidavit on the
…………….. at the premises of Jharkhand High Court, Ranchi.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Letters Patent Appellate Jurisdiction)

I. A. No. ……….… of 2013

IN THE MATTER OF:

An application u/s 5 of the

Limitation Act 1963;

IN THE MATTER OF:

Diputoli, P.O. GPO, P.S. Lower Bazar, District-Ranchi.

1. The State of Jharkhand.

2. The Judge In-charge / Registrar, Civil Court, Simdega, at, P.O.,

P.S. & District - Simdega.

3. Rabiya Khatoon wife of Late Md. Rahim.

Mohalla Nadi Ground, Tanjeem Nagar, P.O. and P.S. Hindpiri,

Hon'ble Mrs. Justice R. Banumathi The Chief Justice of

The High Court Of Jharkhand And Her Other Companion Judges of

The Said Hon'ble Court.

The humble petition on

behalf of the petitioner

MOST RESPECTFULLY SHEWETH :-

1. That this application is being preferred on behalf of Petitioner

above named for condonation of delay of 11 days in filing of the

abovementioned L.P.A. No. 370 of 2013 filed by the petitioner.

3. That at the outset it is stated that after the impugned order

dated 05-09-2013 the same was informed to her about a weak

thereafter by the lawyer concerned.

4. That it is further stated that on being informed aforesaid she

requested the office of the lawyer concerned to obtain the

certified copy so as to decide the future course of action.

5. That it is stated that accordingly the same was obtained and

informed to her on 21/09/2013 Thereupon she met with the

lawyer and entered into discussion.

although it was decided to prefer the instant memo of appeal,

do the same promptly inasmuch as she has no independent

source of income and the respondents have denied the entire

7. That it however stated that she somehow or other manage the

office of the lawyer concerned to prepare and prefer the appeal

8. That it is stated that only thereafter the appeal was prepared

filing the appeal which is unintentional and beyond the control

9. That it is also submitted that petitioner have got otherwise full

proof case on merit being covered by one or other authoritative

pronouncement of the Hon’ble Courts and therefore it is

desirable, expedient and in the interest of justice to condone

10. That in the facts and circumstance of the case it is further

submitted if this application is not allowed, the petitioner widow

will suffer irreparable loss and injury.

It is, therefore, humbly prayed that

your Lordships may graciously be

pleased to condone the delay of

11 days in filing of the

abovementioned L.P.A. No. 370 of

2013 filed by the petitioner;

Be pleased to pass any other

order(s) as your Lordships may

deem fit and proper in the facts

and circumstances of the case.

For which the Petitioner shall ever

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