IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1777 of 2010 In CWJC No. 14199 of 2010 With I.A. No. 9541 of 2010 In LETTERS PATENT APPEAL No.1777 of 2010 ========================================== The Union of India & Ors. Versus IC 38558Y Colonel Sarat Chandra Mishra & Ors. ========================================= Appearance : For the Appellant: Mr Raghib Ahsan, Sr. Advocate Mr. Shiv Kumar, C.G.C. For the Respondent No. 1: Mr. Sudhir Singh ========================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02. 04.11.2010 Reg: I.A. No. 9541 of 2010 This application under Section 5 of the Limitation Act is filed by the appellant for condonation of delay of 7 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Reg: L.P.A. No. 1777 of 2010 This Appeal under Clause 10 of the Letters Patent is preferred against the order dated 3rd September 2010 made by 2 the learned Single Judge pending C.W.J.C. No. 14199 of 2010. The learned Single Judge has rejected the defence of jurisdiction of this Court raised by the respondent-Union of India on his petition to be heard on merit. The Appeal is preferred insofar as the learned Single Judge has rejected the defence of jurisdiction. As the matter is pending before the learned Single Judge, we do not entertain this Appeal. We may, however, observe that in the event the final order made by the learned Single Judge is against the Union of India, the Union of India will be at liberty to challenge the same on the grounds available including the ground of jurisdiction, territorial or otherwise. Subject to the above observations, the Appeal is dismissed in limine. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)