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
CIVIL APPEAL NO. 1981 OF 2008
(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.