STATE OF MADHYA PRADESH Vs. PRADEEP KUMAR

JUDGEMENT

(1.) LEAVE granted.

(2.) A learned Single Judge of the High Court of Madhya pradesh held that an appeal filed out of time unaccompanied by an application to condone the delay is liable to be axed down at the threshold and hence, the situation cannot be rectified by filing an application at any later stage. Learned Single Judge rejected a second appeal on the sole ground that the delayed appeal was presented without accompanying an application to condone the delay. An order so passed by the High Court is now being assailed before us by special leave.

(3.) ON 31. 1. 1997 the High Court issued notice to the respondents on the appeal, without deciding the delay application. Long thereafter, the respondents moved the High Court for disposal of the appeal on the ground that it is barred by limitation.