Sri Manohar Vs. State of Karnataka & Ors.
EmailAppeal: Civil Appeal No.10213 Of 1995
(Arising out of SLP (C)No.10174 of 1993)
(Arising out of SLP (C)No.10174 of 1993)
Petitioner: Sri Manohar
Respondent: State of Karnataka & Ors.
Apeal: Civil Appeal No.10213 Of 1995
(Arising out of SLP (C)No.10174 of 1993)
(Arising out of SLP (C)No.10174 of 1993)
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Nov 02, 1995
Head Note:
PRACTICE AND PROCEDURE
Laches – Tribunal dismissed the case on the ground of laches – Since respondents did not controvert the explanation given for laches, appellant held justified to file the proceedings at belated stage – Matter remitted to the Tribunal.
JUDGEMENT:
O R D E R
1. Leave granted.
2. In spite of an opportunity having been given to the respondents to file counter-affidavit by our order dated October 11, 1993, till date no counter-affidavit has been filed. The Tribunal had dismissed the case on the ground of laches. In view of the fact that the respondents have not controverted the explanation given for the laches, we find that there is some justification for the appellant to file the proceedings at belated stage. However, the relief cannot be granted here since no counter-affidavit has been filed. In the circumstances, we remit the matter to the Tribunal to examine the case on merits and dispose of the matter according to law.
3. The appeal is disposed of accordingly. No costs.
1. Leave granted.
2. In spite of an opportunity having been given to the respondents to file counter-affidavit by our order dated October 11, 1993, till date no counter-affidavit has been filed. The Tribunal had dismissed the case on the ground of laches. In view of the fact that the respondents have not controverted the explanation given for the laches, we find that there is some justification for the appellant to file the proceedings at belated stage. However, the relief cannot be granted here since no counter-affidavit has been filed. In the circumstances, we remit the matter to the Tribunal to examine the case on merits and dispose of the matter according to law.
3. The appeal is disposed of accordingly. No costs.
