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RANCHI UNIVERSITY v. GOURI JILANI

Supreme Court of India | Diary 38719/2023

Status

Order

Decided On

2024-11-22

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE K.V. VISWANATHAN

Petitioner

RANCHI UNIVERSITY

Respondent

GOURI JILANI

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). @ SLP(C) No.22398/2023

RANCHI UNIVERSITY APPELLANT(S)

VERSUS

GOURI JILANI & ORS. RESPONDENT(S)

WITH

C.A.NO(S). SLP(C) No. 23528/2023

O R D E R

C.A.NO(S). @ SLP(C) No.22398/2023

1. Leave granted.

2. This appeal challenges the order dated 8/10.08.2023 vide

which the appeal of the present appellant was dismissed on

the ground of delay.

3. Heard Shri Ajit Kumar Sinha, learned senior counsel on

behalf of the appellant and Ms. Anusuya Sadhu Sinha,

learned counsel for the respondent(s).

4. We find that after the order was passed by the learned

Single Judge, the review application was filed on

03.12.2022. Though, in the said review there was delay the

same was condoned and the petition was heard on merits.

1

Ultimately, the review application was dismissed on merits

on 20.01.2023 and the LPA was filed on 25.03.2023. It cannot

be therefore said that there was inordinate delay in filing

the appeal.

5. We, therefore, set aside the impugned order and remit

the matter back to the High Court. Delay in filing the

appeal before the High Court is condoned and the appeal be

heard by the High Court on merits.

6. The appeal is accordingly allowed.

7. Pending application(s), if any, shall stand disposed of.

C.A.NO(S). @ SLP(C) No. 23528/2023

1. Leave granted.

2. This appeal ...

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