IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5054 OF 2009
(Arising out of S.L.P. (C) No.22245 of 2008)
Allahabad Bank ...Appellant(s)
Versus
Manoj Khanna & Ors. ...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the parties.
The Trial Court decreed the suit for recovery of
arrears of rent. Against the said order, the appellant filed
regular appeal along with an application for condonation of
delay of fifty eight days in filing the same. The lower
appellate court rejected the application for condonation of
delay and dismissed the appeal as barred by time. The said
order has been confirmed by the High Court in second appeal.
Hence, this appeal by special leave.
Having heard learned counsel for the parties and
perused the records, we are of the view that, in the facts
and circumstances of the case, lower appellate court should
have condoned the delay in filing the appeal.
Accordingly, the appeal is allowed, impugned orders
passed by the lower appellate court as well as the High Court
are set aside, delay in filing the appeal before the lower
appellate court is condoned and the matter is remitted to it
…2/-
– 2 –
to decide the regular appeal on merits in accordance with law
after giving opportunity of hearing to the parties.
Let hearing of the appeal be expedited.
………………….J.
[B.N. AGRAWAL]
………………….J.
[G.S. SINGHVI]
New Delhi,
August 03, 2009.