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august 1984

Supreme Court of India · 1984-08-28

SITAL PRASAD SAXENA (DEAD) BY LRS. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1984/68380
Court
Supreme Court of India
Petitioner
SITAL PRASAD SAXENA (DEAD) BY LRS.
Respondent
UNION OF INDIA AND ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the High Court's approach in relying solely on the trial court's report regarding the condonation of delay under Section 5 of the Limitation Act, 1963, was impermissible. The High Court must independently assess whether sufficient cause was shown for the delay in filing for substitution of legal representatives. The Court found that the heirs could not be expected to constantly monitor the status of the appeal, thus establishing sufficient cause for condonation of delay and remitting the matter back to the High Court for early disposal.

SITAL PRASAD SAXENA (DEAD) BY LRS. vs UNION OF INDIA AND ORS. · Niyam