Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Condonation of Limitation Act 1963 s.5 Delay in filing appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act, 1963: s.5 – Delay in filing appeal – Condonation of – Held: An appeal has to be filed within the stipulated period, prescribed under the law – Belated appeals can only be condoned when sufficient reason is shown before the court for delay – In the present case, the delay has not been explained to the satisfaction of the court – The only reason assigned by the appellant for the delay of 254 days in filing the first appeal was that he was not having sufficient funds to pay the court fee – This was not found to be a sufficient reason for the condonation of delay as the appellant was an affluent businessman and a hotelier – Even it is presumed that the appellant was short of funds and was not able to pay court fee, nothing barred him from filing the appeal as there is provision for filing a defective appeal, i.e., an appeal which is deficient as far as court fee is concerned, provided the court fee is paid within the time given by the Court – Though s.4 of Court Fees Act states that an appeal cannot be filed before a High Court without court fee, s. 149 CPC, which gives power to court to allow the person to pay the court fees at later stage, acts as an exception or even a proviso to s. 4 of Court Fees Act – The reasons assigned for the delay in filing the appeal cannot be a valid reason for condonation of the delay, since the appellant could have filed the appeal deficient in court fee under the provisions of law – Hence, High Court was right in dismissing s. 5 application of the appellant – No case for interference made out – Court Fees Act, 1870.Himachal Pradesh Tenancy and Land Reforms Act, 1972: s. 118 – Transfer of land to non-agriculturist – U/s. 118 of 1972 Act, only an agriculturist, can purchase land in Himachal Pradesh, which would mean a landowner who personally cultivates his land in Himachal Pradesh – If a non-agriculturist has to purchase a land, prior permission of state government is required – The whole purpose of s. 118 of the 1972 Act is to protect agriculturists with small holdings – Land in Himachal Pradesh cannot be transferred to a non-agriculturist – The purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes. |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2023 INSC 90 |
Petitioner | Ajay Dabra |
Respondent | Pyare Ram & Ors. |
SCR | [2023] 1 S.C.R. 449 |
Judgement Date | 2023-01-31 |
Case Number | 716 |
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