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Civil · Reportable judgment

Raheem Shah & Anr. vs Govind Singh & Ors.

Court
Supreme Court of India
Date
24 July 2023
Case No.
Civil Appeal No. 4628 of 2023
Result
Disposed
Bench
A.S. Bopanna, Bela M. Trivedi
Citation
[2023] 10 S.C.R. 913 : 2023 INSC 651
Supreme Court Reports [2023] 10 S.C.R. 913 : 2023 INSC 651
Headnote

Delay – Condonation of – Suit filed by Respondent No.1 was decreed by the trial court – Appellants-defendants No.1 and 2 in the suit filed appeal, dismissed by the lower Appellate Court on the ground of limitation – Second Appeal filed by the appellants was also dismissed by the High Court – Held: Since the contention in the appeal before the lower Appellate Court was that the judgment was not in the knowledge of the appellants, that aspect of the matter was required to be kept in view by the lower Appellate Court as the appellants in fact had not taken effective part except filing written statement – When there was delay of only 52 days in filing the appeal and furthermore when the parties were litigating with regard to the right over immovable properties, the substantial rights were to be decided between the parties – The very manner in which the lower Appellate Court dismissed the appeal on the ground of delay when the delay was not inordinate is not justified – High Court also not justified in dismissing the appeal only on the ground that there was no question of law – Judgments passed by the High Court and the lower Appellate Court, set aside – Delay in filing the appeal before the lower Appellate Court condoned, appeal restored to its file – Code of Civil Procedure, 1908 – s.96 – Limitation Act, 1963 – s.5 – Practice and Procedure.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors. (1987) 2 SCC 107 : [1987] 2 SCR 387 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Judgment of the Court was delivered: Leave granted. 1. Heard learned counsel for the parties and perused the appeal papers. 2. Respondent No.1 herein is the plaintiff in the original suit bearing Civil Suit No.3 A/02. The suit was decreed by the trial court through its judgment dated 01.10.2005. The appellants herein who were the defendants No. 1 and 2 in the suit filed a Regular First Appeal under Section 96 of the Civil Procedure Code assailing the said judgment. Since there was delay of 52 days in filing the appeal, an application under Section 5 of the Limitation Act was fi
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