Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delay – Condonation of – Suit filed by Respondent No.1 was decreed by the trial court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Delay – Condonation of – Suit filed by Respondent No.1 wasdecreed by the trial court – Appellants-defendants No.1 and 2 inthe suit filed appeal, dismissed by the lower Appellate Court on theground of limitation – Second Appeal filed by the appellants wasalso dismissed by the High Court – Held: Since the contention inthe appeal before the lower Appellate Court was that the judgmentwas not in the knowledge of the appellants, that aspect of the matterwas required to be kept in view by the lower Appellate Court as theappellants in fact had not taken effective part except filing writtenstatement – When there was delay of only 52 days in filing the appealand furthermore when the parties were litigating with regard to theright over immovable properties, the substantial rights were to bedecided between the parties – The very manner in which the lowerAppellate Court dismissed the appeal on the ground of delay whenthe delay was not inordinate is not justified – High Court also notjustified in dismissing the appeal only on the ground that there wasno question of law – Judgments passed by the High Court and thelower Appellate Court, set aside – Delay in filing the appeal beforethe lower Appellate Court condoned, appeal restored to its file –Code of Civil Procedure, 1908 – s.96 – Limitation Act, 1963 – s.5 –Practice and Procedure. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 651 |
Petitioner | Raheem Shah & Anr |
Respondent | Govind Singh & Ors. |
SCR | [2023] 10 S.C.R. 913 |
Judgement Date | 2023-07-24 |
Case Number | 4628 |
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