Supreme Court of India · 1966-12-15
CHANDRA BHUSHAN & ANR. vs DEPUTY DIRECTOR OF CONSOLIDATION (REGIONAL), U.P. & ORS.
- Citation / case number
- SC 1965/223
- Court
- Supreme Court of India
- Petitioner
- CHANDRA BHUSHAN & ANR.
- Respondent
- DEPUTY DIRECTOR OF CONSOLIDATION (REGIONAL), U.P. & ORS.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the Allahabad High Court erred in treating a practice rule of ninety days for filing a writ of certiorari as a binding rule of limitation under Article 226 of the Constitution of India. The Court emphasized that a rule of practice should guide the exercise of discretion regarding laches and undue delay, rather than serve as an absolute limitation. The Court allowed the appeal, stating that special circumstances justified a departure from the established practice, thereby quashing the High Court's dismissal of the writ petition.