IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.489 OF 2009 (arising out of SLP(C)No.2627 of 2005)

STATE OF BIHAR ....APPELLANT

VERSUS

BADRI NARAYAN MAHTO ....

RESPONDENT

O R D E R  

Leave granted.

This appeal by way of special leave petition has been preferred against an

order dated 16th August, 2004 of the learned Single Judge of the High Court of

Judicature at Patna passed in First Appeal(F.A.) No.505 of 1995, by which the

High Court had dismissed Appeal of the Appellant merely on the ground of delay

of 21 days in filing the said appeal.

Despite service, none appears on behalf of the respondent.  Having heard

learned  counsel  for  the  appellant  and  going  through  the  application  for

condonation of  delay in filing  the  F.A.,  we  are satisfied  with  the  explanation

offered for the same.  We accordingly set aside the impugned order of the High

Court, condone the delay in filing the F.A. and restore the Appeal before the High

Court to its original number with the request to the High  Court to dispose of the

aforesaid  Appeal  on  merit  at  an  early  date  without  granting  unnecessary

adjournment to either of the parties.   

This Appeal is accordingly disposed of with no order as to costs.

........................J. (TARUN CHATTERJEE)         

........................J. (AFTAB ALAM)               

NEW DELHI, JANUARY 28, 2009