Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sufficient cause Delay |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | DELAY/LACHES: Decree against State Government - Execution of - Objection u/s 47 - Rejected - Delay in filing revision - Held: In the application for condonation of delay, no sufficient cause has been shown which may entitle the respondent to get a favourable order for condonation of delay - Merely because the respondent is the State, delay in filing appeal of revision cannot and shall not be mechanically considered; and in absence of 'sufficient cause' delay shall not be condoned - Code of Civil Procedure, 1908 - s.47 - Limitation Act, 1963 - s.5. Delay - 'Sufficient cause' - Consideration of.In the execution case filed In 2009 to get the decree dated 7.8.1969 in a suit for declaratlon of title and permanent injunction, executed against the respondent State Government, the objection u/s 47 CPC filed by respondent in the year 2010, was rejected by the executing court on 17.8.2010. Another objection u/s 47 CPC flied by the State on 15.9.2011 was also rejected. The respondent-State then filed a civil revision along with an application for condonation of delay before the District Judge challenging the earlier order dated 17.8.2010. The delay In filing the revision was condoned. The High Court declined to Interfere. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 191 |
Petitioner | Amalendu Kumar Bera & Ors. |
Respondent | The State Of West Bengal |
SCR | [2013] 2 S.C.R. 484 |
Judgement Date | 2013-03-22 |
Case Number | 2677 |
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