State of Bihar. Vs. Keshav Mohan Thakur.
EmailAppeal: Civil Appeal Nos. Of 1987.
(Arising out of S.L.P. (Civil) Nos. 10098 – 99 of 1985)
(Arising out of S.L.P. (Civil) Nos. 10098 – 99 of 1985)
Petitioner: State of Bihar.
Respondent: Keshav Mohan Thakur.
Apeal: Civil Appeal Nos. Of 1987.
(Arising out of S.L.P. (Civil) Nos. 10098 – 99 of 1985)
(Arising out of S.L.P. (Civil) Nos. 10098 – 99 of 1985)
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 02, 1987
Head Note:
LIMITATION ACT, 1963:
Delay in filing the first appeal – Delay condoned.
Delay in filing the first appeal – Delay condoned.
JUDGEMENT:
ORDER
1. Special leave granted. Heard both the sides.
2. Having regard to the facts and circumstances of the case, we are of the opinion that the delay should have been condoned by the High Court. We, therefore, set aside the order of the High Court, condone the delay in filing the first appeal in the High Court, and send the matter back to the High Court for disposal in accordance with law at an early date having regard to the time lost in the proceedings pertaining to the prayer for condonation of delay. The High Court shall dispose of the matter in accordance with law after affording reasonable opportunity of hearing to both the parties.
3. The appeals are disposed of accordingly. The appellant shall pay costs to the respondent which we quantify at Rs. 2,000/-.
Appeals allowed.
1. Special leave granted. Heard both the sides.
2. Having regard to the facts and circumstances of the case, we are of the opinion that the delay should have been condoned by the High Court. We, therefore, set aside the order of the High Court, condone the delay in filing the first appeal in the High Court, and send the matter back to the High Court for disposal in accordance with law at an early date having regard to the time lost in the proceedings pertaining to the prayer for condonation of delay. The High Court shall dispose of the matter in accordance with law after affording reasonable opportunity of hearing to both the parties.
3. The appeals are disposed of accordingly. The appellant shall pay costs to the respondent which we quantify at Rs. 2,000/-.
Appeals allowed.
