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april 1975

Supreme Court of India · 1975-04-01

LALA BALMUKUND (DEAD) THROUGH L.RS. vs LAJWANTI AND ORS.

Citation / case number
SC 1968/60287
Court
Supreme Court of India
Petitioner
LALA BALMUKUND (DEAD) THROUGH L.RS.
Respondent
LAJWANTI AND ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that the delay in filing the appeal was not justified as the appellant failed to demonstrate that the delay was due to circumstances beyond his control. The Court emphasized that the Limitation Act, particularly Section 12(2), should be interpreted in a manner that preserves the right to legal remedy, and that the phrase 'time requisite' refers to the actual time taken to obtain a copy of the decree. The appeal was allowed, and the dismissal of the earlier appeals was set aside, allowing the appellant to proceed with his case.

LALA BALMUKUND (DEAD) THROUGH L.RS. vs LAJWANTI AND ORS. · Niyam