State of Bihar &
Ors. Vs. Horil Sahni  INSC 150 (23 January 2009)
JURISDICTION CIVIL APPEAL NO.455 OF 2009 (arising out of SLP(C)No.28404 of
2008) STATE OF BIHAR & ORS. ....APPELLANTS VERSUS Leave granted.
This appeal by way of
special leave petition has been preferred against an order dated 20th August,
2008 of the Division Bench of the High Court of Judicature at Patna passed in
Letters Patent Appeal No.637 of 2008, by which the High Court had dismissed Letters
Patent Appeal(LPA) of the Appellants merely on the ground of delay of 285 days
in filing the L.P.A.
Having heard learned
counsel for the parties and going through the application for condonation of
delay in filing the L.P.A., we are satisfied with the explanation offered for
the same. We accordingly set aside the impugned order of the High Court,
condone the delay in filing the L.P.A. and restore the Letters Patent Appeal to
its original number with the request to the High Court to dispose of the aforesaid
L.P.A. by the end of April, 2009 without granting unnecessary adjournment to
either of the parties.
This Appeal is
accordingly disposed of with no order as to costs.