IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1672 of 2005 JANAK RAI @ JANAK RAI Versus JANARDAN SINGH & ORS ----------- 14 29.09.2008 Heard counsel for the parties. In the opinion of this Court, the impugned order rejecting the appeal on the ground that the delay of 137 days, in the facts of the case, cannot be said to be justified. There was some sort of explanation which would amount to sufficient cause in view of the fact that the appellant was under going some serious ailment. That being so, this Court would find that the approach of the Court below was neither legal nor equitable. Accordingly, this Court would allow this Civil Revision application subject to payment of cost of Rs. 2500/- to be paid by the appellant to the contesting respondent represented by Mr. Dwivedi inasmuch as the respondents have been compelled to appear up to the High Court for contesting this application. Such cost must be paid by the appellant petitioner to the contesting Respondents-opposite party no. 1 within a period of two months from the date of receipt/production of a copy of this order failing which the appeal of the appellant petitioner shall stand automatically dismissed. With the aforementioned observations and directions this application is allowed. Bibhash (Mihir Kumar Jha, J.)