Supreme Court of India
Vedabai @vaijayanatabai Baburao Patil v. Shantaram Baburao Patil and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the aforementioned reasons, we set aside the impugned order of the High Court as well as also of the Additional District Judge, Amalner (the Appellate Court), condone the delay of seven days in filing the appeal, restore the appeal to the file Of the Additional District Judge and direct the learned Additional District Judge, Amalner to decide the appeal on merits. The appeal is accordingly allowed. No. costs.
Judgment, Order, at p. 1055
From the headnote
Limitation Act, 1963: S.5-Seven days' delay in filing appeal due to illness of appellant Appellate Court and High Court declining to condone the delay-Held, in exercising discretion u/s. 5, courts should adopt a pragmatic approach- distinction must be made between a case where delay is inordinate and a case where delay is of a few days- whereas in the former case consideration of prejudice to the other side will be a relevant factor so the case calls for a more cautious approach but in the latter case no such consideration may arise and such a case deserves a liberal approach-Expression…
Authorities it was built on
Where later benches applied it
- 2013 Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and Others
- 2010 Oriental Aroma Chemical Industries Ltd. v. Gujarat Industrial Development Corporation and Another
Of those, 2 mentioned
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