IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.700 of 2008 UMA KANT MISHRA Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Prakash Chandra Gupta For the respondent nos.1 & 3 to 6 : Mr. Sunil Kumar Karn JC to AAG – VI --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th September, 2008 The appeal suffers from delay of one year and eighty two days. For condonation thereof, an application (IA. No.5451 of 2008) has been made. 2. Cause shown in the application is thus: “ 2. That the appellant is aged about 67 years and just when the writ application was disposed of, his wife died and because of this fact he was in great mental trauma and not in a position to take legal advice. 3. That it is stated that the appellant was not in a position to move because of the family disturbance and his health was also not permitting him to move. 4. That as soon as the appellant became capable of moving and recovered health he is before this Hon’ble Court.” 3. We are afraid, the aforesaid cause does not justify condonation of delay. If the delay was of a couple of months, perhaps it could have been accepted but not long delay of fourteen 2 months. It is not that after the wife of the applicant expired , the appellant did not come out of his house for one year and did not go anywhere. 4. The long delay of one year and eighty two days cannot be said to have been sufficiently explained. 5. We, accordingly, dismiss the application (IA. No.5451 of 2008). 6. Since the appeal is barred by time, it is liable to be dismissed as such and we order accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/