No. 4/02.12.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. P. K. Giri, the Ld. Advocate and Respondent No. 1 through Mr. D. K. Mishra, the Ld. Advocate are present.

This is an application for condonation of delay.  The appeal has been filed out of time by about 165 days.  It has been stated in the above application that after the impugned judgement and order was passed on 08.12.2009 the Appellant became ill on two occasions, one for the period from 10.12.2009 till 20.02.2010 and for the second time for the period from 11.03.2010 to 15.04.2010.  After the recovery from first illness, the Petitioner changed his Ld. Advocate.  Again after recovery from the second illness the Petitioner further changed his Ld. Advocate for filing of this appeal.  In respect of aforesaid both the illness no document has been produced in support thereof.  No reason has also been disclosed as to why the Ld. Advocate were changed from time to time even though the Petitioner himself alleged to be lying ill.  We, therefore, fail to derive any confidence from the averments so made in the above application for the purpose of condonation of delay.  The same is accordingly dismissed.  The appeal shall stand dismissed as being barred by limitation.