IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2408 OF 2009 (Arising out of S.L.P. (C) No.14755 of 2007)

R. Handa      ...Appellant(s)

Versus

M/s. Abhaya Land and Finance Pvt. Ltd.  and Ors.      ...Respondent(s)

O  R  D  E  R

Leave granted.

Nobody has appeared on behalf  of the respondent in spite of service of  notice.

Heard learned counsel for the appellant.   The suit  filed by respondent  No.1  for  declaring  him to  be  the  absolute  

owner of property consisting of six flats and restraining the appellant and respondent  Nos.2 to 8 from interfering with the suit property was decreed by the Trial Court on  

29.9.2000.  The appeal preferred by the appellant was dismissed by the High Court as  barred by time on the premise that cause shown by him for condonation of 212 days  

delay was not sufficient.  Hence, this appeal by special leave. We have carefully gone through the averments contained in the application  

filed by the appellant for condonation of delay in filing appeal against the judgment  and decree of the Trial Court and are satisfied that the cause shown by the appellant  

was sufficient. The fact that the appellant had participated  in two wars waged by  Pakistan

....2/-

- 2 -

in 1965 and 1971 and also provided guidance to the forces during Pakistan’s invasion  in Siachen area in 1996 were not controverted by respondent No.1. Likewise, the fact  

that  he  had gone  to  Jammu-Tawi  area  in  1996 and stayed there  for  four  to  five  months for assisting the army had not been disputed.  In this view of the matter, the  

High Court should have, instead of dismissing the appeal as barred by limitation,  condoned the delay.     

Accordingly, the appeal is allowed, impugned order is set aside and delay  in filing appeal by the appellant against the judgment and decree of the Trial Court is  

condoned.  Now, the High Court shall dispose of the first appeal on merits after giving  opportunity of hearing to the parties.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 13, 2009.