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september 1998

Supreme Court of India · 1998-09-03

N. BALAKRISHNAN vs M. KRISHNAMURTHY

Citation / case number
SC 1998/6369
Court
Supreme Court of India
Petitioner
N. BALAKRISHNAN
Respondent
M. KRISHNAMURTHY
Author
K.T. THOMAS. S.SAGHIR AHMAD
Bench
K.T. THOMAS. S.SAGHIR AHMAD

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the trial court's decision to condone the delay under Section 5 of the Limitation Act, 1963. The Court established that a party should not be penalized for the negligence of their advocate, especially when the party was misled regarding the status of their application. The Court reinstated the trial court's order, allowing the application to set aside the ex-parte decree, thereby favoring the appellant's plea for justice despite the significant delay.

N. BALAKRISHNAN vs M. KRISHNAMURTHY · Niyam