RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. Today the matter has been listed under the heading for orders for passing appropriate order on the delay condonation application being I.A. No. 4011 of 2025.

2. At the outset it requires to refer herein that this Court vide order dated 15.04.2025 has issued notice upon the respondent-wife, both in the limitation as well as in main petition.

3. In pursuant thereto, the respondent has put her appearance by filing vakalatnama.

4. Mr. Rajiv N. Prasad, learned counsel for the appellant has submitted by referring to paragraph 3 of the delay condonation application that there is sufficient cause to condone the delay in filing the appeal. Submission has been made that Original Suit was filed under Section 13(1)1-B of the Hindu Marriage Act, 1955 by the appellant-husband for dissolution of marriage with respondent-wife, which was dismissed vide judgment dated 28.02.2023 and decree signed on 04.03.2023 but due to insufficient fund the appellant could not come to Ranchi for filing the present appeal, however, he instructed his lawyer at Chatra to obtain certified copy of the order passed by the learned Principle Judge, Family Court, Chatra, which was made available to him on 09.05.2024. Thereafter, the appellant after arranging the money approached his counsel and accordingly filed the present appeal which caused delay of 338 days.

5. It has further been submitted the delay in filing the appeal is neither intentional nor willful rather it was beyond the control of the appellant and if the delay in filing the appeal is not condoned, the appeal shall suffer irreparable loss and injury.

6. Therefore, submission has been made that the delay in filing the appeal may be condoned and the Interlocutory Application being filed for condontation in filing the appeal may be allowed.

7. We have heard learned counsel for the parties on the delay condonation application being I.A. No. 4011 of 2025 and gone through the explanation furnished in the application.

8. This Court before considering the reason assigned in paragraph 3 of the delay condonation application being I.A. No. 4011 of 2025 needs to refer herein what constitutes "sufficient cause".

9. Furthermore, there is no dispute about the fact that generally the lis is not to be rejected on the technical ground of limitation but certainly if the filing of appeal suffers from inordinate delay, then the duty of the Court is to consider the application to condone the delay before entering into the merit of the lis.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqFij5AHjcjhR%2BZwVZuQ2gMahQmCtkQXfZF5aZFroAVx%2F&caseno=FA/121/2024&cCode=1&cino=JHHC010167402024&state_code=7&appFlag=)

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