State of Bihar Vs.
Badri Narayan Mahto  INSC 182 (28 January 2009)
JURISDICTION CIVIL APPEAL NO.489 OF 2009 (arising out of SLP(C)No.2627 of 2005)
STATE OF BIHAR ....APPELLANT VERSUS BADRI NARAYAN MAHTO ....
This appeal by way of
special leave petition has been preferred against an order dated 16th August,
2004 of the learned Single Judge of the High Court of Judicature at Patna
passed in First Appeal(F.A.) No.505 of 1995, by which the High Court had
dismissed Appeal of the Appellant merely on the ground of delay of 21 days in
filing the said appeal.
Despite service, none
appears on behalf of the respondent. Having heard learned counsel for the
appellant and going through the application for condonation of delay in filing
the F.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 F.A. and restore the Appeal before the High Court to its original
number with the request to the High Court to dispose of the aforesaid Appeal on
merit at an early date without granting unnecessary adjournment to either of
This Appeal is
accordingly disposed of with no order as to costs.