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Judgment
6 paragraphs · 163 wordsLeave granted.
Vide the order under challenge, the appeal filed by the appellant herein was dismissed on account of 828 days delay in refiling the appeal.
True it is, that the delay in refiling the appeals is more than two years, however, it must be remembered that refiling is normally in the hands of the counsel and the parties have no control over it. It is well settled principle of law that parties should not suffer for lapse on the part of the counsel.
Even though delay has not been explained properly, we feel that in the interest of justice the delay should be condoned. Accordingly, we condone the delay and set aside the impugned order and the matters are remanded to the High Court which shall decide the same on merits.
The civil appeals are allowed accordingly. Pending application, if any, shall stand disposed of.
We make it clear that we have not expressed any opinion on the merits of the case.