Hanmavva & Ors Vs.
Pettiya & Others [2008] INSC 1342 (11 August 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 4981 OF 2008 [Arising out of SLP(C)
NO.11331/2006] HANMAVVA & ORS. .......APPELLANT(S) Versus
ORDER
1.
Leave
granted. Heard both the counsel.
2.
The
Appellants had filed the Second Appeal before the High Court challenging the
order of the Addl. Civil Judge (Sr. Division), Raichur in R.A. No.43/1999. The
Second Appeal was dismissed on the ground of delay of 725 days.
3.
The
appellants have explained that they are agricultural labours who move from
place to place in search of work for their livelihood; that they came to know
about the judgment dated 21.3.2003 passed by the appellate Court only in April
2004 when they returned to their village for celebrating Ugadi festival and
they were informed about the execution petition filed in the court of Civil
Judge, Jr. Division, Deodurga; that when they contacted their counsel, he
advised them to appear in the execution case; that as all of them are rustic
illiterate agricultural labours without any economic support, they did not
comprehend the legal procedures and only ......2.
-2- a few days
before the second appeal was filed, they came to know that they should challenge
the judgment dated 21.3.2003; and that immediately they have taken steps to
file second appeal.
4.
We
find that the explanation offered is satisfactory and sufficient to condone the
delay. The High Court ought to have condoned the delay instead of dismissing
the appeal only on ground of delay.
5.
We,
therefore, allow this appeal, set aside the order of the High Court dated
14.2.2006 rejecting the second appeal on the ground of delay. As a consequence,
the second appeal stands restored to the file of the High Court and shall be
disposed of in accordance with law.
...........................J.
( R.V. RAVEENDRAN )
...........................J.
New
Delhi;
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