IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.133 of 2010 Subhash Chandra Jha S/o Late Dhaneshwar Jha, resident of village- Ranti Gote, P.S.- Rajnagar, District- Madhubani .......... ..............Appellant Versus Indu Devi W/o Subhash Chandra Jha, resident of village Ranti, P.S. - Rajnagar, District Madhubani presently residing at the aforesaid address: D/o Kamla Kant Mishra, Village + PS Belsand, District Sitamarhi ............. ........Respondent ---------------------------------- 8 17-11-2011 Heard learned counsel for the appellant in respect of limitation petition bearing I.A. no. 1929 of 2008. After 29 years of marriage the divorce suit was filed alleging adultery against the wife without meeting requirement of impleading the alleged adulterer. The suit was dismissed on merits on 6-1-2007. The appellant applied for copy which was ready for delivery on 15-1-2007. The limitation after considering the copy time expired on 12-2-2007. This appeal was filed on 27-3-2008, after a delay of more than one year. The medical certificate showing that the appellant fell ill and suffered from tuberculosis discloses the period of treatment from 28-2-2007 till 20-3-2008. The period of limitation had expired on 12-2-2007. On considering the entire facts and circumstances, we are of the view that the medical 2 certificate itself does not inspire confidence and, otherwise also, there is no sufficient explanation for not filing the appeal before 28-2-2007 when the appellant, allegedly, fell ill. In the facts of the case, the prayer to condone the limitation is rejected. As a consequence, the appeal stands dismissed on account of limitation. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)