Supreme Court of India · 1969-08-25
LALA MATA DIN vs A. NARAYANAN
- Citation / case number
- SC 1966/60298
- Court
- Supreme Court of India
- Petitioner
- LALA MATA DIN
- Respondent
- A. NARAYANAN
- Bench
- HIDAYATULLAH, M. (CJ)
Judgment text excerpt
The Supreme Court held that the High Court erred in not extending time under Section 5 of the Limitation Act, 1908 for the appellant's appeal. The Court found that the delay was due to a bona fide mistake of counsel regarding the proper forum for appeal, as the original valuation determined the High Court as the appropriate venue. The Court clarified that a mistake of counsel can be a sufficient ground for condoning delay if it is not tainted by mala fide motives, thus allowing the appeal and setting aside the High Court's dismissal.