Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2408 OF 2009
(Arising out of S.L.P. (C) No.14755 of 2007)
R. Handa ...Appellant(s)
Versus
M/s. Abhaya Land and Finance Pvt. Ltd.
and Ors. ...Respondent(s)
O R D E R
Leave granted.
Nobody has appeared on behalf of the respondent in spite of service of
notice.
Heard learned counsel for the appellant.
The suit filed by respondent No.1 for declaring him to be the absolute
owner of property consisting of six flats and restraining the appellant and respondent
Nos.2 to 8 from interfering with the suit property was decreed by the Trial Court on
29.9.2000. The appeal preferred by the appellant was dismissed by the High Court as
barred by time on the premise that cause shown by him for condonation of 212 days
delay was not sufficient. Hence, this appeal by special leave.
We have carefully gone through the averments contained in the application
filed by the appellant for condonation of delay in filing appeal against the judgment
and decree of the Trial Court and are satisfied that the cause shown by the appellant
was sufficient. The fact that the appellant had participated in two wars waged by
Pakistan
....2/-
- 2 -
in 1965 and 1971 and also provided guidance to the forces during Pakistan’s invasion
in Siachen area in 1996 were not controverted by respondent No.1. Likewise, the fact
that he had gone to Jammu-Tawi area in 1996 and stayed there for four to five
months for assisting the army had not been disputed. In this view of the matter, the
High Court should have, instead of dismissing the appeal as barred by limitation,
condoned the delay.
Accordingly, the appeal is allowed, impugned order is set aside and delay
in filing appeal by the appellant against the judgment and decree of the Trial Court is
condoned. Now, the High Court shall dispose of the first appeal on merits after giving
opportunity of hearing to the parties.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New Delhi,
April 13, 2009.