Supreme Court of India · 2009-02-23
STATE OF BIHAR vs ARJUN PRASAD RAJAK
- Citation / case number
- SC 2009/2729
- Court
- Supreme Court of India
- Petitioner
- STATE OF BIHAR
- Respondent
- ARJUN PRASAD RAJAK
- Author
- H.L. Dattu
- Bench
- TARUN CHATTERJEE,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court held that the High Court erred in declining to condone the delay of one year and eighteen days in filing the Letters Patent Appeal under Section 5 of the Limitation Act. The Court emphasized that the High Court should have decided the appeal on merits instead of making observations on the merits while dismissing it for delay. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and directed the High Court to decide the Letters Patent Appeal on merits within six months, subject to the appellants paying costs of Rs. 5,000 to the respondent.