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2009 (1) TMI 933 - SC - Indian Laws

Issues involved: Appeal against dismissal on the ground of limitation.

Summary:
The Supreme Court granted leave to appeal against the High Court's order dismissing the appeal on the sole ground of limitation. The delay of 178 days in filing the appeal was explained by the appellant in the application for condonation of delay. The High Court, in rejecting the application, had considered the merits of the appeal, which was not the correct approach. The Supreme Court held that the delay had been properly explained and set aside the High Court's order. The appeal was restored to its original file, with directions for the High Court to decide on the merits after giving a hearing to the parties. The appeal was allowed with no order as to costs.

 

 

 

 

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