State of Jammu & Kashmir Vs. Krishan Lal
EmailAppeal: Civil Appeal No. 1645 of 1988.
(Arising out of S.L.P. (C) No. 12540 of 1987)
(Arising out of S.L.P. (C) No. 12540 of 1987)
Petitioner: State of Jammu & Kashmir
Respondent: Krishan Lal
Apeal: Civil Appeal No. 1645 of 1988.
(Arising out of S.L.P. (C) No. 12540 of 1987)
(Arising out of S.L.P. (C) No. 12540 of 1987)
Judges: E.S.VENKATARAMIAH & N.D.OJHA,JJ.
Date of Judgment: Apr 25, 1988
Head Note:
LIMITATION
Delay in filing appeal condoned – Case remanded to the District Judge for disposal on merits.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. We have heard the appeal. Taking into account all the facts and circumstances of the case we feel that the order of the First Appellate Court (District Judge) dated 5.12.1985 dismissing the appeal on the ground that it was barred by time and the order of the High Court dated 9.7.1987 dismissing the revision petition should be set aside and the case should be remanded to the District Judge to hear the appeal on merits and to dispose it of in accordance with law. We condone the delay in filing the appeal before the District Judge, set aside the order of dismissal passed by the District Judge and the order of the High Court and remand the case to the District Judge to dispose it of in accordance with law. The District Judge shall dispose of the appeal within three months from the date of receipt of a copy of this order. The appellant, i.e., the State of Jammu & Kashmir shall pay to the respondent costs of Rs.5,000/- within one month.
1. Special leave granted.
2. We have heard the appeal. Taking into account all the facts and circumstances of the case we feel that the order of the First Appellate Court (District Judge) dated 5.12.1985 dismissing the appeal on the ground that it was barred by time and the order of the High Court dated 9.7.1987 dismissing the revision petition should be set aside and the case should be remanded to the District Judge to hear the appeal on merits and to dispose it of in accordance with law. We condone the delay in filing the appeal before the District Judge, set aside the order of dismissal passed by the District Judge and the order of the High Court and remand the case to the District Judge to dispose it of in accordance with law. The District Judge shall dispose of the appeal within three months from the date of receipt of a copy of this order. The appellant, i.e., the State of Jammu & Kashmir shall pay to the respondent costs of Rs.5,000/- within one month.
