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april 2000

Supreme Court of India · 2000-04-06

Hiren Singha Roy vs Howrah Improvement Trust And Ors.

Citation / case number
JT2000(9)SC160
Court
Supreme Court of India
Petitioner
Hiren Singha Roy
Respondent
Howrah Improvement Trust And Ors.
Author
S. Saghir Ahmad
Bench
D.P. Wadhwa, S. Saghir Ahmad

Judgment text excerpt

The Supreme Court held that the dismissal of a writ appeal in default under Article 122 of the Limitation Act can be recalled if sufficient cause is shown for the absence of the appellant's counsel. The Court emphasized that the limitation period of 30 days for restoration does not begin until the appellant has knowledge of the dismissal. The Court found that the appellant's counsel's serious health issues constituted sufficient cause, thus allowing the restoration of the appeal.

Hiren Singha Roy vs Howrah Improvement Trust And Ors. · Niyam