Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Get started with Indian Law Cases
Your password will be generated automatically and will be sent to your email-id provided in this form.
Full Name  
Email ID
(this email-id will be treated as your User ID also)
Address
City
Mobile No
* Mobile No is required for verification of identity
 Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Desktop Software  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

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

ILC-2011-SC-CIVIL-Feb-9

Lanka Venkateswarlu (D) By Lrs. Vs. State of A.P. & others

Head Note

The Limitation Act, 1963  - Section 5

Condonation of delay - No sufficient cause - Declaration of title - Trial Court decreed in favour of original plaintiff - Challenged before High Court - Applications to condone the delay of 3703 days - Filing the application for bringing on record the LRs. Of sole respondent - High Court allowed all applications - Appeals - Whether High Court justified in condoning the delay - No - Twice in impugned order - It was recorded that in the normal course, the applications would have been thrown out without having a second thought in the matter - Having such conclusions - High Court proceeds to condone delay - Whilst considering applications for condonation of delay under Section 5 of the Limitation Act - Courts do not enjoy unlimited and unbridled discretionary powers - Approach adopted by High Court - Show the absence of judicial balance and restraint - Which a Judge is required to maintain - Impugned judgment of High Court set aside - Appeals allowed - No costs.

Topic(s)-Condonation of delay , Condone delay

Important Decision(s)- Delay of 3703 days - Courts do not enjoy unlimited and unbridled discretionary powers - Condone delay.







Full Judgement Body


     
@2016 Indian Law
Name  
Email ID
Please Wait..