No. No. 17/06.07.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Both sides are present through their Ld. Advocates.  This appeal has been filed out of time by about four months.  The impugned order was passed on 10.12.2009.  The certified copy was obtained on 11.12.2009.  It has been stated in the above application that the Petitioner fell ill and accordingly he was advised complete bed rest from 25.01.2010 till 21.02.2010.  There is no explanation for the period from 11.12.2009 till 21.01.2010 except that the Ld. local Advocate who conducted the case before the District Forum was not available in town.  Such plea cannot be considered as a sufficient cause for not filing the appeal within the prescribed period of limitation.  Evidently, the last date for filing of the appeal was 10.01.2010.  Due to his laches and negligence the Appellant did not make any endeavour to contact any other Ld. Advocate for filing the appeal during this period from 11.12.2009 till 25.01.2010.  The above application in our view does not at all disclose sufficient reason for condonation of delay in filing this appeal.  The above application for condonation of delay is accordingly dismissed.  The appeal be dismissed as being barred by limitation.