Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Application for special leave Delay-Condonation supreme court rules 1950 Supreme Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Supreme Court - Application for special leave - Delay-Condonation-Necessity to give notice to respondent before making order—Supreme Court Rules, 1950, O. XIII, r. 1. proviso (v).Against the judgment of the Single Judge of the Punjab High Court dated January 5, 1955, in which he followed the decision of a Division Bench holding that s. 7A of the Delhi and Ajmer Rent Control Act, 1947, was unconstitutional and void, the appellants preferred an appeal under the Letters Patent. Meanwhile the judgment or the Division Bench was brought up by way of appeal to the Supreme Court, and as the appeal was getting ready to be heard, the appellants made an application on January 5, 1959, for special leave to appeal to the Supreme Court against the judgment of the Single Judge. No notice was given to the respondent to the application, and special leave was granted ex-parte, The Letters Patents appeal was thereafter withdrawn by the appellants, When the appeal came on for hearing in due course, the respondent raised an objection to the hearing of the appeal on the grounds that the application for special leave was barred by limitation, that there were no sufficient reasons for condoning the long delay of four years, and that the special leave granted ex-parte should be revoked.Held, that, in the peculiar circumstances of the case, leave should not be revoked.Expect in very rare cases, if not invariable, the Supreme Court should adopt as a settle rule that the delay in making an application for special leave should not condoned ex-parte but that before granting leave in such cases notice should be served on the respondent and the latter afforded an opportunity to resist the grant of the leave. Desirability of the Rules of the Supreme Court being amended suitably pointed out. |
Judge | Hon'ble Mr. Justice N. Rajagopala Ayyangar |
Neutral Citation | 1962 INSC 154 |
Petitioner | Ram Lal Kapur And Sons (p) Ltd. |
Respondent | Ram Nath And Others |
SCR | [1963] 2 S.C.R. 242 |
Judgement Date | 1962-04-18 |
Case Number | 476 |
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