Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delay/latches Condonation of delay of 650 days |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Delay/latches: Condonation of delay of 650 days in filing appeal against the ex parte decree – Suit for specific performance of contract by respondent partly decreed ex parte and recovery of Rs. 61,000 ordered while dismissing relief for specific performance – Respondent filed appeal before High Court – Appellant was duly served and appeared in the said matter through his counsel – However, due to enhancement of pecuniary jurisdiction of District Court, appeal stood transferred to District Court from High Court and fresh notice issued to appellant through paper publication – Appellant did not appear and District Court proceeding ex parte allowed appeal and granted specific performance in favour of respondent – Appellant filed appeal before High Court – There was delay of 650 days in filing appeal – His plea of non service of notice due to change of address, not accepted by High Court – High Court dismissed appeal as time barred holding that sufficient cause for delay was not established – On appeal, held: In this case, appellant had produced the documents including voters list/aadhar card showing his change of address from Amalner to Nashik – On the other hand, the respondent had produced the voters’ list of Amalner itself contending that the name of appellant was still existing – In such a situation, without any enquiry and without arriving at a finding disbelieving the explanation of the appellant, High Court was not justified in rejecting application for condonation of delay – Order of High Court set aside – High Court to take up second appeal and dispose it of expeditiously. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2021 INSC 647 |
Petitioner | Dr. Yashwantrao Bhaskarrao Deshmukh |
Respondent | Raghunath Kisan Saindane |
SCR | [2021] 6 S.C.R. 1125 |
Judgement Date | 2021-10-08 |
Case Number | 6315 |
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