10 March 2008
Supreme Court
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STATE OF JHARKHAND Vs MAYA SINGH .

Case number: C.A. No.-001981-001981 / 2008
Diary number: 33096 / 2006


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CASE NO.: Appeal (civil)  1981 of 2008

PETITIONER: State of Jharkhand & Ors.

RESPONDENT: Maya Singh & Ors.

DATE OF JUDGMENT: 10/03/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

O R D E R (Arising out of SLP (C) No. 3530 of 2007)        1.      Leave granted.   2.      This appeal is directed against the Judgment and order dated  30th of August, 2006 passed by the Division Bench of the High  Court of Jharkhand at Ranchi in L.P.A.No. 75 of 2006, by  which the High Court had dismissed the application for  condonation of delay of 63 days in filing the appeal and  consequently, the appeal was also dismissed as being barred by  limitation.   3.      We have heard the learned counsel for the parties.  After  hearing the learned counsel for the parties and after examining  the statement made in the application for condonation of delay,  we are of the view that the statements made in the said  application for condonation of delay of 63 days do constitute  sufficient cause for condoning the delay in filing the appeal.   4.      Accordingly, the application for condonation of delay is  allowed and the appeal is restored to its original number.   5.      Accordingly,  the  impugned  order  is  set  aside and we request  the High Court to decide the appeal on merits and in accordance  with law within a period of three months from this date.  We  make it clear that we have not gone into the merits of the  appeal.  The appeal is allowed to the extent indicated above.   There will be no order as to costs.