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 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6818 OF 2009 [arising out of SLP(C) No. 3311 of 2007]

       SHIVSHANKAR AGARWAL ..... APPELLANT

VERSUS

       INDERCHAND LUNIYA & ANR. ..... RESPONDENTS

O R D E R

Leave granted.

We have heard the learned counsel for the parties.

We  find  that  the  revision  petition  filed  by  the  

appellant  herein  had  been  dismissed  on  the  ground  of  

limitation holding that an application for condonation of  

delay had not been filed. This order had been maintained by  

the High Court by the impugned order dated 7th December,  

2006.   

While issuing notice, we directed that the record of  

the case be called for and the same has been received and  

inspected  by  the  learned  counsel.   It  is  the  conceded  

position that an application for condonation of delay had  

not  been filed  along with  the revision  petition but  an

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application had been filed later on.  We also find that the  

delay was only of 12 days.   

We are, therefore, of the opinion that orders of the  

Registrar as also of the High Court cannot be sustained.  

They are, accordingly, set aside.

The appeal is allowed in the aforesaid terms.  The  

Registrar  is  directed  to  decide  the  matters  on  merit  

afresh.  Parties to appear before the Registrar on 23rd  

November, 2009.  However, there shall be no order as to  

costs.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [DR. B.S. CHAUHAN]

NEW DELHI OCTOBER 05, 2009.