Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Appeal (civil) 4951 of 2001
PETITIONER:
SOUTH EASTERN COALFIELDS LTD
RESPONDENT:
NATTHU LAL
DATE OF JUDGMENT: 12/02/2008
BENCH:
TARUN CHATTERJEE & H.S.BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.4951 OF 2001
In spite of due service on the respondent, no one has entered appearance on his beha
lf.
This appeal is directed against an order dt.16.10.2000 passed by the High Court of M
adhya
Pradesh, Jabalpur in M.A.No.2049 of 2000 by which the application for condonation of delay o
f 35
days in filing the appeal was rejected.
Having heard the learned counsel for the appellant and after going through the appli
cation
for condonation of delay as also the materials on record, we are of the view that the Divisi
on Bench
of the High Court was not justified in rejecting the application for condonation of delay of
35 days
in filing the appeal as we are of the view that the statements made in the application do co
nstitute
sufficient cause for condonation of delay in filing the appeal. Accordingly, we set aside t
he
impugned order and allow the application for condonation of delay in filing the
appeal.
We, however, request the High Court to decide the appeal on merits and in acc
ordance
with
law at an early date and preferably within a period of three months from the date of communi
cation
of this Order. The appeal is allowed to the extent indicated above.
There shall be no order as to costs.