State Of Bihar & Ors vs Arjun Prasad Rajak

( CC:1581 of 2009)

The State of Bihar & Ors. .............. Appellants

Versus

Arjun Prasad Rajak ..............Respondent

JUDGMENT

H.L. Dattu, J.

Delay condoned.

Leave granted.

1) Challenging the judgment and order passed by the High Court of

Judicature at Patna in L.P.A. No. 690 of 2008 dated 15th September, 2008,

the State of Bihar has filed this civil appeal. By the impugned judgment, the

High Court has declined to condone the delay in filing the Letters Patent

Appeal and, consequently, has rejected the appeal.

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2) In filing the appeal, there was a delay of one year and eighteen days.

Alongwith the appeal, an application under Section 5 of the Limitation Act

had been filed to condone the delay in filing the appeal, if any. In the

affidavit filed alongwith the application, the delay in filing the appeal had

been explained. The High Court is of the view that the explanation offered

in filing the appeal belatedly, is not satisfactorily explained. Accordingly, it

has declined to entertain the appeal. Yet, again has also found that there is

no merit in the appeal.

3) We have heard learned counsel for the parties to the lis.

4) We have carefully perused the order passed by the High Court and the

explanation offered by the appellants in the affidavit filed for condonation

of delay in filing the appeal belatedly. In the facts and circumstances of the

case, we are of the opinion, the High Court should have condoned the delay

in filing the appeal and should have decided the appeal on merits.

Furthermore, this Court has consistently held, that, if, for the reason, the

appeal is dismissed on the ground of delay, the court need not express its

opinion on the merits of the appeal. In the instant case, the High Court

while declining to entertain the appeal on the ground of delay, has also

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ought not to have been done by the High Court.

5) In the aforesaid view of the matter, we cannot sustain the impugned

order.

6) In the result, the appeal is allowed, the impugned order passed by the

High Court is set aside. We condone the delay in filing the Letters Patent

Appeal subject to the appellants paying cost of Rs. 5,000/- to the respondent

within six weeks from today. We request the High Court to decide the

Letters Patent Appeal on merits as expeditiously as possible at any rate

within six months from the date of receipt of copy of this Court's order.

.......................................J. [ TARUN CHATTERJEE ]

.......................................J. [ H.L. DATTU ] New Delhi, February 23, 2009.

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