IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.95 of 2010 ---- Rani Kumari @ Dharamshila Kumari, Daughter of Late Ram Janam Ram, Resident of Village Banganj, Post Office Chapra, Police Station Chapra Nagar, District-Saran. -- Appellant. Versus 1. The State of Bihar 2. The District & Sessions Judge, Siwan. -- Respondents. ----- For the appellant : Mr. S.K.Tiwary, Advocate. For the Respondents : Mr. Satyabir Bharti, Assistant counsel to Additional Advocate General-III. ---- 02. 19/01/2010 I.A.No.397 of 2010 This is an application for condonation of delay of two days. We have heard Mr. S.K.Tiwary, learned counsel for the appellant and Mr. Satyabir Bharti, learned counsel for the State. Having heard learned counsel for the appellant and learned counsel for the State, the delay in the filing of appeal stands condoned. L.P.A.No.95 of 2010 As we have condoned the delay, we are inclined to take up the appeal for admission. - 2 - Heard Mr. S.K.Tiwary, learned counsel for the appellant and Mr. Satyabir Bharti, learned counsel for the State on the question of admission. In this intra court appeal, the appellant has called in question the legal propriety of the order dated 13.11.2009 passed by the learned Single Judge in CWJC No.11631 of 2008 whereby he has declined to grant relief to the appellant on the foundation for application was submitted for appointment on compassionate ground after expiry of five years from the date of death of her father. It is contended by the learned counsel for the appellant that the Single Judge has fallen into grave error by not applying the doctrine of continuity inasmuch as the brother had applied within the permissible period of five years. In our considered opinion, though the brother had applied within the permissible period, but he withdrew the application and the present application was filed by the daughter of the deceased by which the time of five years had expired. Thus, the question of applying the principle of continuity or allowing the same would be in the realm of - 3 - travesty of justice. Hence, we perceive no error in the order of the learned Single Judge and, accordingly, we concur with the same. In the result, the LPA, being sans merit, stands dismissed without any order as to costs. Sunil (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)