& Ors. Vs. Koushal Prasad & ANR.  INSC 1480 (24 August 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO. 5824 OF 2009 [Arising out of SLP(C) No.
22899/2008] PHULIA AND ORS. ... APPELLANT(S) :VERSUS:
O R D E R
heard the learned counsel for the parties.
matter the High Court has dismissed the second appeal on the ground that it was
filed after 53 days of limitation period. The High Court in its order has
mentioned that the appellants are very poor and are not conversant with the
legal intricacies of the matter. But this fact did not weigh with the High
Court and it did not condone the delay of 53 days and dismissed the second
facts and circumstances of this case, we deem it appropriate to condone the
delay of 53 days in filing the second appeal. Accordingly, the impugned order
is set aside and the matter is remitted to the High Court to decide the Second
Appeal No.730/2006 afresh on merits.
matter is pending since 2006, we request the High Court to decide the second
appeal as expeditiously as possible.
appeal is disposed of with the aforementioned observation and direction.
....................J (DALVEER BHANDARI)
....................J (Dr. MUKUNDAKAM SHARMA)
AUGUST 24, 2009.