1981 INSC 0136
                                              Sadik Mian and Another

                                                           Vs

                                          Ram Dhyan Hajam and Others

                                          Civil Appeal No. 1204 of 1981

                        (CJI Y.V. Chandrachud, R.S. Pathak, E.S. Venkataramiah JJ)

                                                      02.03.1981

                                                        ORDER

1. Heard counsel. Special leave granted.

2. We are unable to agree with the High Court that no sufficient cause was shown by the appellant
for the delay caused in paying the Talbana and in making the application for condonation of delay
caused in filing an application for restoration of the appeal. We are of the opinion that the High
Court should have condoned the delay and should have heard the appeal on merits. Accordingly, we
set aside the order passed by the High Court on November 21, 1978 and allow the applications
M.J.C. No. 326 of 1978 and M.J.C. No. 350 of 1976. The appeal will go back to the High Court for
disposal on merits in accordance with law.

3. The appellant will pay costs of the plaintiff-respondent, which we quantify at Rs 1000.

</html