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.