STATE OF PUNJAB AND ANOTHER versus SHAMLAL MURARI & ANR,

STATE OF PUNJAB AND ANOTHER versus SHAMLAL MURARI & ANR,

Omission to provide three copies of each document under Rule 3 is an irregularity, not a strict bar to entertaining Letters Patent Appeals, if documents are otherwise furnished, but refusal of the High Court to condone delay in compliance, in absence of perversity or irrationality, is not to be interfered with.

Parties
Appellant: State of Punjab; Respondent No. 1: Shamlal Murari; Respondent No. 2: Another
Jurisdiction
India
Judgment Date
06 October 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From a Judgment and Order of the Punjab and Haryana High Court in Letters Patent Appeal
Outcome
Appeal dismissed
Legal Topics
Procedural Law, Letters Patent Appeals, Condonation of Delay
Civil Procedure Procedural Law Letters Patent Appeals Condonation of Delay

Case Brief

Summary, issues, holding and outcome

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Parties

State of Punjab

Appellant

Shamlal Murari

Respondent No. 1

Another

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From a Judgment and Order of the Punjab and Haryana High Court in Letters Patent Appeal

Legal Issues

  1. 1 Whether Rule 3 of Chapter 2-C, Vol. 5 of the Punjab and Haryana High Court Rules and Orders is mandatory for entertaining Letters Patent Appeals
  2. 2 Whether refusal of the High Court to condone delay in compliance with Rule 3 was proper
  3. 3 Whether denial of increments and other benefits to a government servant for not passing departmental test despite exemption was bad in law

Ratio Decidendi

Omission to provide three copies of each document under Rule 3 is an irregularity, not a strict bar to entertaining Letters Patent Appeals, if documents are otherwise furnished, but refusal of the High Court to condone delay in compliance, in absence of perversity or irrationality, is not to be interfered with.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.