Leave granted.
Heard learned counsel for the parties.
The Trial Court decreed the suit against which order when an appeal was
filed, the appellate court dismissed the petition for condonation of delay of four
months and twenty seven days in filing the same and consequently dismissed the
appeal as barred by limitation. The said order has been confirmed by the High
Court. Hence, this appeal by special leave.
Having heard learned counsel appearing on behalf of the parties and
perused the records, especially the grounds taken for condonation of delay, we are of
the view that the first appellate court was not justified in refusing to condone the
delay and dismissing the appeal as barred by limitation and the High court has
committed an error in confirming the same.
...2/-
Accordingly, the appeal is allowed, impugned orders passed by the first
appellate court and the High Court are set aside, delay in filing the appeal before the
first appellate court is condoned and that court is directed to dispose of the appeal on
merits in accordance with law after giving opportunity of hearing to the parties.
[G.S. SINGHVI] New Delhi, November 14, 2008.