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SUPREME COURT OF INDIA
S. P. Kurdukar, Suhas. C. Sen
RAM KALI DEVI (SMT), APPELLANT
Versus
MANAGER, PUNJAB NATIONAL BANK, SHAMSHABAD AND OTHERS, RESPONDENTS.
Civil Appeal No. 5342 of 1997 (Arising out of SLP (C) No. 5870 of 1997),
decided on August 1, 1997.
Delay Condonation - Appeal Limitation - The court remanded the case back to the High Court as the delay in filing the appeal was not properly considered, setting aside the High Court's order and allowing the appeal to be re-evaluated on all points including the point of limitation.
Fact of the Case:
The District Judge dismissed the appeal on the ground of limitation. The High Court considered the case on merits but gave no reasons for condoning the delay in filing the appeal.
Finding of the Court:
The court remanded the case back to the High Court to properly consider the delay in filing the appeal and give a final judgment on all points including the point of limitation, setting aside the High Court's order and allowing the appeal.
Issues: Delay condonation, appeal limitation, proper consideration of delay in filing the appeal
Ratio Decidendi: The delay in filing the appeal must be properly considered and condoned before the merits of the case can be evaluated.
Final Decision: The order of the High Court is set aside, the appeal is allowed, and the matter is remanded back to the High Court to look into the matter and give a final judgment on all points including the point of limitation.
ORDER
1. Leave granted.
2. The District Judge dismissed the appeal on the ground of limitation. It appears that the High Court has considered the case on merits. It is contended on behalf of the learned counsel for the respondent that the High Court has in fact condoned the delay in filing the appeal. The High Court has given no reasons for condoning the delay in filing the appeal except a reference to the merits of the case. The merits of the case cannot be looked at without condoning the delay. We remand the case back to the High Court. The order of the High Court is set aside. The appeal is allowed. The matter is remanded back to the High Court to look into this matter and give a final judgment on all points including the point of limitation. There will be no order as to costs.
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