IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1786 OF 2009 (Arising out of S.L.P. (C) No.23588 of 2005)

Ram Bihari        ...Appellant(s)

Versus

Sukhlal Kurmi       ...Respondent(s)

O  R  D  E  R

Delay condoned.

Leave granted.

Heard learned counsel for the appellant.

Though the counsel has entered appearance on behalf of the respondent

but nobody has appeared to contest the prayer made in this appeal.

In our view, the High Court was not justified in refusing to condone the

delay in filing the first appeal.  Accordingly, the appeal is allowed, impugned order is

set  aside,  delay  in  filing  First  Appeal  No.179  of  2001  before  the  High  Court  is

condoned and the said appeal is restored to its original file.  Now, the High Court

shall decide the first appeal on merits in accordance with law.

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

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

New Delhi, March 23, 2009.