We have heard the learned counsel for the
parties.
Leave granted.
In this matter the High Court has dismissed the
second appeal on the ground that it was filed after 53
days of limitation period. The High Court in its order
has mentioned that the appellants are very poor and are
not conversant with the legal intricacies of the
matter. But this fact did not weigh with the High
Court and it did not condone the delay of 53 days and
dismissed the second appeal.
In the facts and circumstances of this case, we
deem it appropriate to condone the delay of 53 days in
filing the second appeal. Accordingly, the impugned
order is set aside and the matter is remitted to the
High Court to decide the Second Appeal No.730/2006 afresh on merits.
As the matter is pending since 2006, we request
the High Court to decide the second appeal as
expeditiously as possible.
The appeal is disposed of with the
aforementioned observation and direction.