Ram Bihari Vs.
Sukhlal Kurmi  INSC 593 (23 March 2009)
JURISDICTION CIVIL APPEAL NO.1786 OF 2009 (Arising out of S.L.P. (C) No.23588
of 2005) Ram Bihari ...Appellant(s) Versus Sukhlal Kurmi ...Respondent(s) O R D
E R Delay condoned.
Heard learned counsel
for the appellant.
Though the counsel
has entered appearance on behalf of the respondent but nobody has appeared to
contest the prayer made in this appeal.
In our view, the High
Court was not justified in refusing to condone the delay in filing the first
appeal. Accordingly, the appeal is allowed, impugned order is set aside, delay
in filing First Appeal No.179 of 2001 before the High Court is condoned and the
said appeal is restored to its original file. Now, the High Court shall decide
the first appeal on merits in accordance with law.