STATE OF JAMMU AND KASHMIR Vs. KRISHAN LAL

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard the appeal. Taking into account all the facts and circumstances of the case we feel that the order of the First Appellate court (District Judge) dated 5/12/1985 dismissing the appeal on the ground that it was barred by time and the order of the High court dated 9/7/1987 dismissing the revision petition should be set aside and the case should be remanded to the Distict judge to hear the appeal on merits and to dispose it of in accordance with law. We condone the delay in filing the appeal before the District 'judge, set aside the order of dismissal passed the District Judge and the order of the High court and remand the case to the District Judge dispose it of in accordance with law. The District judge shall dispose of the appeal within the months from the date of receipt of a copy of order. The appellant, i. e. , the State of Jammu kashmir shall pay to the respondent costs rs. 5,000. 00 within one month.