Full Judgment Text
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CASE NO.:
Appeal (civil) 1981 of 2008
PETITIONER:
State of Jharkhand & Ors.
RESPONDENT:
Maya Singh & Ors.
DATE OF JUDGMENT: 10/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of SLP (C) No. 3530 of 2007)
1. Leave granted.
2. This appeal is directed against the Judgment and order dated
30th of August, 2006 passed by the Division Bench of the High
Court of Jharkhand at Ranchi in L.P.A.No. 75 of 2006, by
which the High Court had dismissed the application for
condonation of delay of 63 days in filing the appeal and
consequently, the appeal was also dismissed as being barred by
limitation.
3. We have heard the learned counsel for the parties. After
hearing the learned counsel for the parties and after examining
the statement made in the application for condonation of delay,
we are of the view that the statements made in the said
application for condonation of delay of 63 days do constitute
sufficient cause for condoning the delay in filing the appeal.
4. Accordingly, the application for condonation of delay is
allowed and the appeal is restored to its original number.
5. Accordingly, the impugned order is set aside and we request
the High Court to decide the appeal on merits and in accordance
with law within a period of three months from this date. We
make it clear that we have not gone into the merits of the
appeal. The appeal is allowed to the extent indicated above.
There will be no order as to costs.