JHARKHAND STATE HOUSING BOARD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred by the Petitioners under Article 226 of the Constitution of India against the order passed by the District Judge, Sarikella in Title Appeal No. 12 of 2008. This title appeal has been dismissed by the District judge by not condoning the delay of 15 days in preferring the appeal and therefore, the present writ petition is preferred.

(2.) It is submitted by the counsel for the Petitioner that in fact, Title Suit No. 17 of 2004 was instituted by the contesting Respondent i.e. Respondent No. 2. Judgment was delivered by the trial court on 30th July 2008. Decree was drawn on 14th August 2008. Certified copy was applied on 20th August 2008, which was ready on 28th August 2008. Thereafter title appeal was preferred before the lower appellate court on 23rd September 2008. Thus, in fact, from the date of decree, if the dates are counted, there is no delay at all. Even otherwise also 15 days delay pointed out by the lower appellate court ought to have been condoned for the reasons stated in paragraph-4 and 6 of the delay condo nation application preferred by the Petitioner under Section 5 of the Limitation Act in the pending title appeal, which is at Annexure-1 to the memo of the petition. This aspect has not been properly appreciated by the lower appellate court and hence, the order deserves to be quashed and set aside. Delay of 15 days may be condoned and appeal may be directed to be heard afresh.

(3.) Counsel appearing for Respondent No. 2 submitted that delay has been properly explained and hence, the order passed by the lower appellate court is absolutely true, correct and in consonance with law. Counsel appearing for the State submitted that looking to the facts, the delay ought to have been condoned by the lower appellate court specially to the reasons stated in delay condo nation application.