Union of India v. S.S. Gurayya, (SC) BS156018
SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Civil Appeal No. 4696 of 2000 (arising out of SLP (C) No. 4121 of 2000). D/d. 21.8.2000.

Union of India - Appellants

Versus

S.S. Gurayya - Respondent

Limitation Act, 1963, Section 5 - Letters Patent Appeal - Delay of 253 days in filing Letters Patent Appeal due to pendency of application seeking clarification of judgment of single Judge - Clarification petition not been disposed of even now - Delay condoned.

[Paras 3 and 4]

JUDGMENT

Leave granted.

2. The Letters Patent Appeal filed by the appellants was dismissed only on the ground that the delay of 253 days has not been explained. As the application for condonation of delay was dismissed the appeal also was dismissed.

3. In fact the appellants have stated in the application filed under Section 5 of the Limitation Act that after the pronouncement of the judgment by single Judge on 27-5-98 the appellants have moved an application for clarification and that application was not disposed of till 8-7-98 when appellants found it imperatively necessary to approach the Division Bench. We are told that clarification petition has not been disposed of even now. The aforesaid circumstance was highlighted as the ground for the delay of 253 days.

4. By adopting a pragmatic attitude we are inclined to condone the delay of 253 days involved in filing the said LPA. Accordingly we allow this appeal and the petition to condone the delay would stand allowed. Resultantly the LPA is regularised and is now to be disposed of by the Division Bench in accordance with law.

5. The Appeal is disposed of.

Order accordingly.