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2000 Supreme(SC) 2045

2000(8) Supreme 491
SUPREME COURT OF INDIA
(From Calcutta High Court)
M.B. Shah & S.N. Variava, JJ.
Chhabi Kulavi & Anr. -Appellants
versus
Ganesh Chandra Mondal -Respondent
Civil Appeal No. 7371 of 2000
(Arising out of SLP (C) No. 11224 of 2000)
Decided on 14-12-2000
Counsel for the Parties :
For the Appellants : Ranjan Mukherjee, Advocate.
For the Respondent : Bijan Kumar Ghosh, Advocate.

Headnote:Code of Civil Procedure, 1908-Section 96 - Appeal - Delay-Condonation of-Appeal filed in wrong Court but ultimately transferred and filed in right Court-Delay of 2½ years-Appellant s husband was ill and became blind-Advocate filed appeal in wrong Court-Reasonable cause exist-Delay condoned. (Para 4)

       

JUDGMENT

S. N. Variava, J.-Leave granted.

2. This appeal is against an Order dated 6th March, 2000, wherein the Application for Condonation of Delay in filling an Appeal has been dismissed.

3. Briefly stated the facts are as follows:

The Respondent had filed a title suit against the Appellants. That suit came to be decreed ex-parte. Thereafter the Appellants filed an Appeal which was filed in the wrong Court and was ultimately transferred and filed in the right Court. But by then there was a delay of approximately 2½ years. The Application for condonation of delay has been dismissed by the impugned Order.

4. In our view, there was sufficient cause for the delay. The Appellant s husband was ill and became blind. Thereafter, it is the Advocate who has filed the Appeal in the wrong Court. For these causes the Appellants cannot be blamed. We, therefore, condone the delay in filing the Appeal. The High Court shall number the Appeal, if not already numbered and take it up for final hearing. We request the High Court to dispose off the Appeal on merits as expeditiously as possible and preferably within a period of six months.

5. This Appeal stand disposed off as above. There will be no Order as to costs.

(C.R.) Order accordingly.

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