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.