STATE OF BIHAR Vs PUKHAN MAHTO
Bench: H.L. DATTU,CHANDRAMAULI KR. PRASAD
Case number: C.A. No.-009930-009930 / 2011
Diary number: 26877 / 2004
Advocates: GOPAL SINGH Vs
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9930 OF 2011 (SPECIAL LEAVE PETITION(C.)NO.3486 OF 2005)
STATE OF BIHAR APPELLANT
VERSUS
PUKHAN MAHTO RESPONDENT
O R D E R
Leave granted. 2. We have heard learned counsel for the appellant. The
respondent, though served with notice, has not chosen to enter
his appearance.
3. This appeal is directed against the judgment and
order dated 10.08.2004 passed by the High Court of Judicature
at Patna in F.A.No.484 of 1995.
4. The State of Bihar, being aggrieved by the order
passed by the Reference Court, had approached the High Court by
filing the First Appeal No.484 of 1995. In filing the appeal,
there was a delay of just 21 days. For condonation of delay in
filing the appeal, an application under Section 5 of the
Limitation Act had also been filed. For reasons difficult to
sustain, the High Court has refused to condone the delay and
consequently, it has rejected the First Appeal.
5. In our opinion, in a matter like this, the High
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Court ought to have condoned the delay and heard the appeal on
its own merits. Since that had not been done, we cannot sustain
the order passed by the High Court. Consequently, we allow the
appeal and set aside the order passed by the High Court. We
also condone the delay in filing the First Appeal before the
High Court. We request the High Court to decide the First
Appeal expeditiously on its own merits.
Ordered accordingly.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI; NOVEMBER 18, 2011