STATE OF HARYANA Vs. FAQUIR CHAND

JUDGEMENT

(1.) State of Haryana has filed present appeal against the judgment dated 11.9.1993 passed by the Addl. District Judge, Ambala, by which the appeal filed by the State of Haryana was dismissed on the ground of delay as the appeal was filed 14 days beyond the period of limitation.

(2.) Although there was a delay of 14 days in filing the appeal but keeping in view the fact that the State has impersonal machinery and sometimes it takes time to obtain requisite sanctions/permissions, therefore, delays do occur specially in the appeals being filed by the State. Slight delays in the procedure should be dealt with leniently and the delay should be condoned and the case should be heard on merits. In the present case, as the delay was only of 14 days, therefore, I condone the delay and accordingly, the order of the Addl. District Judge dated 1.9.1993, is setaside.

(3.) However, as the plaintiff-respondent is now an old man of 74 years, no useful purpose will be served in remanding the case back to the Lower Appellate Court. Hence, the case is being taken up for decision on merits itself.