2009 INSC 0621
                                    SUPREME COURT OF INDIA

                                                 Ram Bihari

                                                      Vs.

                                               Sukhlal Kurmi

                                           C.A.No.1786 of 2009

                                   (B.N. Agrawal and G.S. Singhvi JJ)

                                                  23.03.2009

                                                   ORDER

Delay condoned.

1. Leave granted.

2. Heard learned counsel for the appellant.

3. Though the counsel has entered appearance on behalf of the respondent but nobody has
appeared to contest the prayer made in this appeal.

4. 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.

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