Supreme Court - Daily Orders
Jitendra Kumar Choudhary vs Banku Sahoo on 26 September, 2016
Bench: A.K. Sikri, N.V. Ramana
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 9902-9903 OF 2016
(Arising out of SLP (C) Nos. 20480-20481 of 2016)
JITENDRA KUMAR CHOUDHARY ... Appellant
VERSUS
BANKU SAHOO ... Respondent
O R D E R
Nobody appears on behalf of the respondent though service of notice is complete.
Leave granted.
We have heard learned counsel for the appellant. The respondent herein had filed a suit for specific performance against the appellant which was decreed ex-parte. Against that order, the appellant herein had filed appeal. However, in the said appeal, orders were passed directing the appellant herein to approach the High Court first by means of application under Order IX Rule 13 of the Civil Procedure Code (CPC) seeking setting aside of the ex-parte decree. The said application was dismissed. Therefore, the appellant herein filed Regular First Appeal against the decree. However, there was a delay of 535 days which occurred because of the reasons mentioned above, viz., Signature Not Verifiedapproaching the High Court in the first instance and, Digitally signed by NIDHI AHUJA Date: 2016.10.03 14:06:03 IST Reason: thereafter, taking out proceedings under Order IX Rule 13 CPC. However the High Court had dismissed the application 1 C. A. Nos. 9902-9903 OF 2016 (@ SLP (C) Nos. 20480-20481/2016) for condonation of delay resulting into dismissal of the appeal also.
We are of the opinion that there was sufficient reason for condoning the delay and the application for condonation of delay could have been allowed.
Accordingly, we set aside the impugned order and condone the delay in filing the appeal. Let the appeal be heard by the High Court on merits.
The appeals stand disposed of in the aforesaid terms.
........................, J.
[ A.K. SIKRI ] ........................, J.
[ N.V. RAMANA ] New Delhi;
September 26, 2016.
2 C. A. Nos. 9902-9903 OF 2016 (@ SLP (C) Nos. 20480-20481/2016) ITEM NO.12 COURT NO.9 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) Nos. 20480-20481/2016 (Arising out of impugned final judgment and order dated 27/04/2016 in MCN No. 25/2013 and RFA No. 5/2013 passed by the High Court of Orissa at Cuttack) JITENDRA KUMAR CHOUDHARY Petitioner(s) VERSUS BANKU SAHOO Respondent(s) (With interim relief and office report) Date : 26/09/2016 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Bharat Sangal, Adv. Ms. Vernika Tomar, Adv. Ms. Vidushi Garg, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Nobody appears on behalf of the respondent though service of notice is complete.
Leave granted.
The appeals stand disposed of in terms of the signed order.
(Nidhi Ahuja) (Tapan Kr. Chakraborty)
Court Master Court Master
[Signed order is placed on the file.] 3