Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.455 OF 2009
(arising out of SLP(C)No.28404 of 2008)
STATE OF BIHAR & ORS. ....APPELLANTS
VERSUS
HORIL SAHNI ....RESPONDENT
O R D E R
Leave granted.
This appeal by way of special leave petition has been preferred against an
th
order dated 20 August, 2008 of the Division Bench of the High Court of
Judicature at Patna passed in Letters Patent Appeal No.637 of 2008, by which the
High Court had dismissed Letters Patent Appeal(LPA) of the Appellants merely
on the ground of delay of 285 days in filing the L.P.A.
Having heard learned counsel for the parties and going through the
application for condonation of delay in filing the L.P.A., we are satisfied with the
explanation offered for the same. We accordingly set aside the impugned order of
the High Court, condone the delay in filing the L.P.A. and restore the Letters
Patent Appeal to its original number with the request to the High Court to
dispose of the aforesaid L.P.A. by the end of April, 2009 without granting
unnecessary adjournment to either of the parties.
This Appeal is accordingly disposed of with no order as to costs.
........................J.
(TARUN CHATTERJEE)
........................J.
(H.L. DATTU)
NEW DELHI,
JANUARY 23, 2009