Bank Vs. Manoj Khanna & Ors.  INSC 1359 (3 August 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.5054 OF 2009 (Arising out of S.L.P. (C)
No.22245 of 2008) Allahabad Bank ...Appellant(s) Versus Manoj Khanna & Ors.
...Respondent(s) O R D E R Leave granted.
learned counsel for the parties.
Court decreed the suit for recovery of arrears of rent. Against the said order,
the appellant filed regular appeal along with an application for condonation of
delay of fifty eight days in filing the same. The lower appellate court
rejected the application for condonation of delay and dismissed the appeal as
barred by time. The said order has been confirmed by the High Court in second
this appeal by special leave.
heard learned counsel for the parties and perused the records, we are of the
view that, in the facts and circumstances of the case, lower appellate court
should have condoned the delay in filing the appeal.
the appeal is allowed, impugned orders passed by the lower appellate court as
well as the High Court are set aside, delay in filing the appeal before the
lower appellate court is condoned and the matter is remitted to it ...2/- - 2 -
to decide the regular appeal on merits in accordance with law after giving
opportunity of hearing to the parties.
hearing of the appeal be expedited.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
August 03, 2009.