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Union Of India And Another v. S.s. Gurayya

Union Of India And Another v. S.s. Gurayya

(Supreme Court Of India)

Civil Appeal No. 4696 Of 2000 (Special Leave Petition (Civil) No. 4121 Of 2000) | 21-08-2000

1. Leave granted.

2. The letters patent appeal filed by the appellants was dismissed only on the ground that the delay of 253 days has not been explained. As the application for condonation of delay was dismissed the appeal also was dismissed.

3. In fact the appellants have stated in the application filed under Section 5 of the Limitation Act that after the pronouncement of the judgment by a Single Judge on 27-5-1998 the appellants had moved an application for clarification and that application was not disposed of till 8-7-1998 when the appellants found it imperatively necessary to approach the Division Bench. We are told that clarification petition has not been disposed of even now. The aforesaid circumstance was highlighted as the ground for the delay of 253 days.

4. By adopting a pragmatic attitude we are inclined to condone the delay of 253 days involved in filing the said LPA. Accordingly we allow this appeal and the petition to condone the delay would stand allowed. Resultantly the LPA is regularised and is now to be disposed of by the Division Bench in accordance with law.

5. The appeal is disposed of.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE K. T. THOMAS
  • HON'BLE JUSTICE R. P. SETHI
Eq Citations
  • (2000) 9 SCC 729
  • LQ/SC/2000/1252
Head Note

Civil Procedure Code, 1908 — S. 109 — Limitation Act, 1963 — S. 5 — Condonation of delay — Appellants' application for condonation of delay in filing LPA dismissed only on ground that delay of 253 days had not been explained — Appellants stated in application filed under S. 5 of Limitation Act that after pronouncement of judgment by Single Judge on 27-5-1998, appellants had moved an application for clarification and that application was not disposed of till 8-7-1998 when appellants found it imperatively necessary to approach Division Bench — Clarification petition not disposed of even now — Held, by adopting a pragmatic attitude delay of 253 days involved in filing said LPA condoned — Limitation Act, 1963, S. 5