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1982 DIGILAW 89 (SC)

Briham Singh v. Asharfi Devi

1982-02-19

BAHARUL ISLAM, P.N.BHAGWATI

body1982
JUDGMENT : 1. Special leave granted. 2. This is a case in which the delay in filing the second appeal in the High Court should have been condoned in view of the fact that the delay was occasioned on account of wrong advice given by the lawyer that the period of limitation for filing the second appeal was 90 days whereas in fact it was only 60 days. We accordingly allow the appeal, set aside the order made by the High Court dismissing the second appeal as barred by limitation and condone the delay in filing the second appeal and remand it to the High Court so that the second appeal may be disposed of on merits. We would direct that the second appeal may be disposed of by the High Court within 4 weeks from today. The appellant will in the meanwhile deposit the arrears of rent of compensation, if any, in the High Court within 4 weeks from today. There will be interim stay of dispossession until the second appeal is disposed of. 3. There will be no order as to costs in this appeal.