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Judgment
This is an application to extend the time granted for curing the defects.
The facts of the case are that the Appellant filed the Memo of Appeal on 20.01.2023 and the Office after scrutiny of the Memo of Appeal on 31.01.2023, intimated the defects to the Appellant on the same day and returned the Memo of Appeal to the Appellant on 02.02.2023. The Appellant re-filed the Memo of Appeal on 09.02.2023. It is stated in the Interlocutory Application (IA) that clerk of the counsel for the Appellant was not well in the first week of February 2023. Therefore, the re-filing could not be done within the defect cure period of 7 days. Hence, there is delay of 02 days in re-filing the Memo of Appeal, so the same may be condoned.
Heard learned Counsel appearing for the Appellant and perused the averments made in the IA as well as Office report.
Considering the submissions made on behalf of the Appellant and for the reasons mentioned in the IA, which are sufficient, the delay in refiling the Memo of Appeal is hereby condoned.
As prayed, list the case before the Hon’ble Bench under the heading ‘for admission (fresh case)’.
With the aforesaid order, this IA stands disposed of.