MAHIPAL SINGH AND ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) C.M. No.4811/2013 (condonation of delay)

(2.) Supreme Court in the judgment in the case of N. Balakrishnan Vs. M. Krishnamurthy, 1998 AIR(SC) 3222has held that Courts should be liberal in condoning the delay if there is no want of good faith or gross negligence. In the present case, appellant would have no benefit from unnecessary delay in filing of the appeal and therefore for the reasons stated in the application, delay of 436 days in filing the appeal is condoned subject to payment of costs of Rs.2,500/- to the respondent. C.M. stands disposed of.

(3.) Learned counsel for the appellant argues that one of the main reasons for dismissal of the claim petition is that the appellant did not summon for giving evidence one Sh. Laxmi Kant who was an eye witness and who had given his statement to the police as per document Ex.AW1/10. Counsel for the appellant prays that one opportunity be given to the appellant to summon Sh. Laxmi Kant for giving his evidence and also for the respondent to cross-examine him thereafter.