Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | LIMITATION ACT |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | LIMITATION ACT, 1963:Section 14 - Interpretation/application of - In the facts of the case especially since the party was prosecuting the first appeal and second appeal before the wrong forum, and mentioning a wrong provision, S.14(2) per se may not be applicable but the principles thereof would be applicable for the purpose of condonation of delay in terms of S.5 - Matter remitted to High Court with a request to dispose of the matter as expeditiously as possible preferably within three months. Interpretation and/or application of Section 14 of the Limitation Act, 1963 is in question in this appeal as the appellant was prosecuting the first and second appeals before a wrong forum, mentioning a wrong provision. On behalf of the appellant, it was contended that the High Court committed a serious error insofar as it failed to take into consideration that the appellant was bona fide prosecuting the first appeal and second appeal before a wrong forum and, thus, Sub-section (2) of Section 14 of the Limitation Act would be attracted. On behalf of the respondents, it was contended that the provision of Sub-section (2) of Section 14 of the Limitation Act is not applicable as the same applied in a suit; and that the appellants in fact filed an application under Section 5 of the Limitation Act but withdrew the same. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 165 |
Petitioner | J. Kumaradasan Nair & Anr. |
Respondent | Iric Sohan & Ors. |
SCR | [2009] 3 S.C.R. 238 |
Judgement Date | 2009-02-12 |
Case Number | 943 |
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