No. 2/24.11.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. S. N. Pathak, the Ld. Advocate and Respondent through Mr. Samir Kr. Das, the Ld. Advocate are present.

This appeal has been filed out of time by about 135 days.  In the petition for condonation of delay it has only been stated as under :

“1.     That the Appellant filed this instant Appeal before the ld. State Commission for vacating the Exparte Order passed by the Ld. District Forum at Barasat on 30.04.2010 in C.C. Case No. 244/2009”.

2.       That the Appellant filed the instant Appeal after the statutory period of one month due to ignorance of Law and Communication with his Advocate.

3.       That the delay in filing the instant Appeal 85 days and it should be consider in otherwise the Appellant will highly be prejudice and suffer irreparable loss”.

Apart from the above averments no other averments have been made in the above application.  Upon careful reading of the said averments we do not find any materials to conclude that there was sufficient reason for the delay in filing this appeal.  The application is accordingly dismissed.  The appeal shall stand dismissed as being barred by limitation.