MC 422/2011 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. N.D. Nath, learned counsel for the applicant. Seen the office note dated 09.05.2011 which indicates that service of notice on Opposite Party No.1 & 2 is complete. The A/d cards for them have returned after being signed on 21.02.2011 25.02.2011 respectively. The learned counsel for the petitioner submits that the name of the Opposite Par ty No.3 be struck off. Ordered accordingly at the risk of the applicant. This is an application for condonnation of delay for 25 days. The applicant in her statement on oath submitted that she had been suffering from Malaria from 21.10.2010 to 10.11.2010 which amongst others have contributed to the delay in f iling the accompanying appeal. On a consideration of the averments supported by an affidavit and also the medic al certificate to the above effect, this Court is of the view that sufficient ca use has been shown to condone the delay. The delay for condonation of 25 days in preferring the accompanying appeal is allowed. The miscellaneous case is allowed.