SHARDA SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The notice was issued limited to the question, whether the High Court was justified in dismissed Letters Patent Appeal on the ground of delay. No doubt the High Court has further added one line 'dismissed on merits also'. After perusing the record and after hearing learned counsel for the parties and on the facts and circumstances of the case, we feel it appropriate to set aside the impugned order of the High Court and remand the case back for its fresh consideration condoning the delay in filing the Letters Patent Appeal. This is done on the condition that the appellant deposits the admitted rent plus 15% interest on it within a period of six weeks from today in the High Court itself. With this observation this appeal is finally disposed of.