Supreme CourtDivision Bench

Prem Pal vs State Of Haryana & Ors

Supreme Court Of India · Decided on 25 February 2019 · Citation: (2019) 02 SC CK 0418

HON’BLE JUDGES
A.M. Khanwilkar, J · Ajay Rastogi, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No(S). 2023 Of 2019
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Judgment

13 paragraphs · 219 words
1.

Leave granted.

2.

Heard learned counsel for the parties.

3.

This appeal takes exception to the order passed by the High Court of Punjab and Haryana at Chandigarh in C.M. No.4655-C-2014 in R.S.A. No.1901-2014. The same reads thus :

"C.M. No.4655-C-2014 in R.S.A. No.1901-2014

This is an application for condonation of delay of 1709 days in filing the appeal.

For the reasons recorded in the application, the same is allowed and delay of 1709 days in filing the appeal is condoned, subject to payment of Rs.5000/- as cost to the respondent.

Main cases

Heard.

Admitted.

A photocopy of this order be placed on the file of connected case(s)."

4.

After hearing counsel for the parties, we are of the considered opinion that the disposal of the application for condonation of delay of 1709 days in filing the appeal is not satisfactory. The High Court should have recorded its satisfaction as to which reason assigned by the applicant-State can be considered as sufficient cause for condoning the delay of 1709 days.

5.

Accordingly, we set aside the impugned order and relegate the parties before the High Court for reconsideration of the application for condonation of delay in filing appeal afresh on its own merits and in accordance with law.

6.

The appeal is disposed of in the above terms.