IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1640 of 2009 Shailendra Kumar Singh @ Shailendra Kumar Singh s/o late Parmeshwar Singh r/o village Chain Chapra, P.S. Rivilanj, District – Chapra …….. Appellant Versus 1. The Union Of India through the Director General Central Reserve Police Force, CGO, Complex Block, Lodhi Road, New Delhi 2. The Inspector General of Police, Bihar Sector, Central Reserve Police Force, Patna 3. The Deputy Inspector General of Police Central Reserve Police Force, Patna 4. The Commandant 36, Batalian Central Reserve Police Force, ITI Complex Gaya, Bihar ----------- For the appellant : Mr. Janardan Pd. Singh, Advocate For the Union of India: Mr. Binay Kumar Pandey, CGC, 2 24/12/2009 IA. No.8633 of 2009 This is an application for condonation of delay of 142 days. Before issuing notice on the question of limitation, we thought it appropriate to look into the merits of the case. On a perusal of the order passed by the learned Single Judge in CWJC. No.5767 of 2009, it is perceptible that he has taken note of the factum that the mother of the present appellant was granted death compensation of Rs.38.94 lakhs. The terminology used compensation may be wrong or erroneous but the fact 2 remains that after the death of the father of the petitioner the family received Rs.38.94 lakhs on various heads. Thus, it can safely be concluded that the family has adequate means to sustain itself and it is not a case where concept of impecuniosity is applicable whereby the family deserves to be saved at the initial stage. Thus, we do not perceive any merit in this appeal. As we find that there is no merit in the appeal issuing of notice on limitation shall be an exercise in futile. Accordingly, the application for condonation of delay stands rejected and as a logical corollary the appeal also stands dismissed. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)