Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2014-SC-CIVIL-Nov-4

Principal Govt. Pre-University College & Anr. Vs. Mr. Jambu Kumar Mutha

Head Note

The Limitation Act, 1963  - Section 5

Condonation of delay - Suit for declaration of his title over the suit property, removal of unauthorised construction raised over the same and permanent injunction restraining defendants in the suit from interfering with the plaintiff's possession and enjoyment of the suit property Decreed by the trial Court - State and Principal not filing any appeal but appellant filed appeal - Subsequent filing of appeal with application for condonation delay - The High Court has while dismissing the application for condonation of delay made by the State - Held - The High Court was not correct in dismissing RFA No.806 of 2000 summarily as it has done - Whether or not an appeal was maintainable at the instance of someone who was not a party to the suit was itself a matter which ought to have engaged the attention of the High Court - Since an appeal against the very same judgment and decree as was challenged in RFA No.296 of 2011 was already pending before the High Court, the High Court ought to have taken a more pragmatic view of the matter and condoned the delay in filing of the said appeal on such terms as it may it consider it proper - Though the delay in filing of the State appeal was considerable yet given the circumstances in which the delay had occurred delay condoned and the orders passed by the High Court set aside subject to payment of costs of Rs.50,000/-to be paid to the defendant-respondent in the said appeal and the matter remitted back to the High Court for hearing and disposal of RFA Nos.806 of 2000 and 296 of 2011 on merits.

Topic(s)-Condonation of Delay

Important Decision(s)- Since an appeal against the very same judgment and decree as was challenged in RFA No.296 of 2011 was already pending before the High Court, the High Court ought to have taken a more pragmatic view of the matter and condoned the delay in filing of the said appeal on such terms as it may it consider it proper.







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