Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit – Respondent No.1(since dead) filed suit against theappellants inter alia for permanent injunction against them over thesuit land – Appellants did not appear in the suit and it was decreedvide ex-parte order dated 10.05.2012 – In appeal, the appellantsfiled application for condonation of delay on the ground that theappellants came to know of the judgment in the suit for the firsttime on 06.05.2013 through a police constable when they went toattend the hearing in another case before the Sub-DivisionalMagistrate – Dismissed – High Court dismissed second appeal –On appeal, held: Statement of the appellants that they got knowledgeabout the judgment of the trial court in the suit for the first time on06.05.2013 is incorrect – Certified copy of the order sheets dated11.10.2011 and 14.10.2011 in the suit show that on 11.10.2011,parties were present in the trial court – Order sheet and othermaterials clearly show that the appellants had full knowledge aboutthe proceedings of the suit – Both the First Appellate Court and theHigh Court recorded concurrent findings that the appellants filedthe application for condonation of delay with incorrect facts andwere negligent in pursuing the matter and rightly refused to condonethe delay – No perversity or infirmity in the impugned orderwarranting interference. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 949 |
Petitioner | Mohd. Sahid And Others |
Respondent | Raziya Khanam (d) Thr. Lrs. And Another |
SCR | [2018] 12 S.C.R. 963 |
Judgement Date | 2018-10-10 |
Case Number | 10379 |
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