2022 (9) TMI 2

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....E AND THE HON'BLE JUSTICE RAJARSHI BHARADWAJ, Mr. D.K. Bhattacharyya, Mr. S. Majumder, Advocates for appellants Ms. S. Shah, Mr. K. Shah, Mr. A. Chaudhury, Advocates for respondents JUDGEMENT Prakash Shrivastava, CJ: 1. Learned Counsel for the parties are heard on GA 1 of 2021 in APOT 106 of 2021. It is an application for condonation of delay in filing this intra-court appeal. The o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 5. In view of the order of the Hon'ble Supreme Court dated 8th of March, 2021 in Suo Motu Writ Petition (C) No.3 of 2020 In Re: Cognizance For Extension Of Limitation, the appellant is entitled to exclusion of the period from 15th of March, 2020 to 14th of March, 2021 in computting the period of limitation and thereafter further 90 days limitation from 15th of March, 2021. In the present case, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....it by the applicant disclosing that the advocate was suffering from certain illness. Though some of the prescriptions are old but the fact remains that even after making a request by the appellant to the advocate, the learned advocate had committed default in not filing the appeal within time. It is settled position of law that a party cannot be made to suffer on account of the fault or lapses com....