IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.549 of 2008 BULBUL DEVI Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr.Sanjay Kumar Mishra, Advocate For the respondents 1 to 5 : Mr. Alok Kumar, Junior Counsel to Government Advocate-I ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal Dated, the 24th July, 2008. The LPA is time barred by two years and one hundred eighty five days. An application ( I.A.No.4326 of 2008) has been made seeking condonation of delay in filing the appeal. 2. The crux of the explanation set out in the application is that the appellant, who was respondent no.6 in the writ petition, came to know of the impugned order dated 21st December, 2005 in the month of December, 2006 only. As soon as she came to know of the order dated 21st of December, 2005, she made an application for modification of the order on the ground that she never executed any vakalatnama for her appearance. The said MJC came to be disposed of on 23rd of May, 2008 which was a last working day of the High Court before the annual summer vacation. Thereafter, she became ill for some time; got certified copy of the order and then filed the appeal. - 2 - 3. We find it difficult to accept the appellant’s case that she came to know of the order dated 21st of December, 2005 after a year in the month of December, 2006. That the present appellant was impleaded as respondent no.6 in the writ petition is not in dispute. Although, the appellant claims that she was not properly served, there is nothing to support this version. If after the service of notice in the writ petition, the appellant did not execute any vakalatnama for her appearance, she did so at her own peril. 4. Seen, thus, we find that the long delay of two years and one hundred eighty five days is not sufficiently explained. 5. The application for condonation of delay is, accordingly, rejected. 6. Since LPA is barred by time and the application for condonation of delay has been rejected by us, it is liable to be rejected as time barred and we order accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. sunil