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.