Dalmianagar Mazdoor Union & Ors. Vs. Official Liquidator, Patna High Court
EmailAppeal: Civil Appeal No. 4277 of 2000
(Arising out of SLP (C) No. 23487 of 1997)
(Arising out of SLP (C) No. 23487 of 1997)
Petitioner: Dalmianagar Mazdoor Union & Ors.
Respondent: Official Liquidator, Patna High Court
Apeal: Civil Appeal No. 4277 of 2000
(Arising out of SLP (C) No. 23487 of 1997)
(Arising out of SLP (C) No. 23487 of 1997)
Judges: S.P. BHARUCHA & RUMA PAL, JJ.
Date of Judgment: Jul 28, 2000
Head Note:
LIMITATION
Limitation Act, 1963
Section 3 – Condonation – Delay in filing LPA of 48 days – High Court finding delay of 15 days explained – Convenor of appellant Union having fallen ill. Held that delay ought to have been condoned. Same condoned and LPA restored. (Paras 3,4)
JUDGEMENT:
ORDER
1. Leave granted.
2. The notice on the special leave petition stated that the matter might be disposed of at the SLP stage by an order remanding the Letters Patent Appeal to the High Court to be heard and decided on merits, condoning the delay in filing the same and compensating the respondent in costs.
3. The overall delay was of 48 days but what the High Court found, required explanation was the delay of 15 days. The explanation in that behalf was that the convenor of the appellant had fallen ill. In our view, in the circumstances, the delay ought to have been condoned and the respondent compensated by an order of costs. This is the order that we propose to pass.
4. The civil appeal is allowed. The order under appeal is set aside. The delay in filing the Letters Patent Appeal is condoned. The Letters Patent Appeal (L.P.A.No. 958 of 1997) is restored to the file of the High Court to be heard and disposed of on merits.
5. Learned Counsel for the respondent, fairly, states that no costs need be awarded.
1. Leave granted.
2. The notice on the special leave petition stated that the matter might be disposed of at the SLP stage by an order remanding the Letters Patent Appeal to the High Court to be heard and decided on merits, condoning the delay in filing the same and compensating the respondent in costs.
3. The overall delay was of 48 days but what the High Court found, required explanation was the delay of 15 days. The explanation in that behalf was that the convenor of the appellant had fallen ill. In our view, in the circumstances, the delay ought to have been condoned and the respondent compensated by an order of costs. This is the order that we propose to pass.
4. The civil appeal is allowed. The order under appeal is set aside. The delay in filing the Letters Patent Appeal is condoned. The Letters Patent Appeal (L.P.A.No. 958 of 1997) is restored to the file of the High Court to be heard and disposed of on merits.
5. Learned Counsel for the respondent, fairly, states that no costs need be awarded.
