Case Note & Summary
The case involved an appeal before the Supreme Court concerning the refusal of the High Court to condone the delay in filing a first appeal. The appellant, Ram Bihari, sought to challenge the High Court's decision which had denied the condonation of delay in First Appeal No.179 of 2001. The Supreme Court noted that the counsel for the respondent did not appear to contest the appeal. The Court concluded that the High Court's refusal to condone the delay was unjustified. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and restored the first appeal to its original file, directing the High Court to decide the matter on its merits in accordance with the law. The judgment was delivered on March 23, 2009.
Headnote
A) Civil Procedure - Condonation of Delay - Justification for Refusal - Code of Civil Procedure, 1908, Section 5 - The Supreme Court found that the High Court was not justified in refusing to condone the delay in filing the first appeal. The Court allowed the appeal, set aside the impugned order, and directed the High Court to decide the first appeal on merits in accordance with law. Held that the delay was to be condoned (Paras Not mentioned).
Issue of Consideration
Whether the High Court was justified in refusing to condone the delay in filing the first appeal.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, condoned the delay in filing First Appeal No.179 of 2001, and restored the appeal for decision on merits.
Law Points
- Condonation of delay
- First Appeal
- High Court jurisdiction
