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2019 DIGILAW 53 (SC)

Krishan Pal v. Commissioner, Rohtak Division, Rohtak

2019-01-04

A.M.SAPRE, R.SUBHASH REDDY

body2019
ORDER 1. Delay condoned. Leave granted. 2. Heard learned counsel for the appellants. 3. The appellant's Letters Patent Appeal No.407 of 2017 (O&M) arising out of C.W.P.No.7123 of 2011 was dismissed by the Division Bench of Punjab and Haryana High Court essentially on the ground of limitation holding that since the appellants have filed the appeal by 454 days delay, it is liable to be dismissed on the ground of limitation. It was held that the cause alleged by the appellants cannot be regarded as a sufficient cause to condone the delay. This order is challenged by the appellants in this appeal. 4. Having heard learned counsel for the appellants and on perusal of the record of the case, we are inclined to allow the appeal and set aside the impugned order. 5. Having regard to the nature of controversy and the ground alleged by the appellants (villagers), in our view the ground pleaded by the appellants in support of condonation of delay constitute a sufficient cause in filing the appeal. The delay of 454 days though inordinate should have been condoned by the High Court. Keeping in view the fact that the appellants were villagers and not aware of intricacies of law, and lastly the issue as against the State etc., we are therefore satisfied with the cause pleaded by the appellants in support of the cause. 6. Since the appeal was dismissed in limine by the High Court without giving notice to the other side, we do not consider necessary to issue any notice to the State for deciding this appeal. 7. The appeal thus succeeds and is therefore allowed. Impugned order is set aside. The appeal filed by the appellant before the High Court is restored to its original number. The High Court is requested to decide the appeal on merits after giving notice to the respondents (State) in accordance with law, without being influenced by any observation made by us.