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september 2000

Supreme Court of India · 2000-09-04

Navinchandra N. Majithia vs State Of Maharashtra & Ors

Citation / case number
AIR 2000 SUPREME COURT 2966
Court
Supreme Court of India
Petitioner
Navinchandra N. Majithia
Respondent
State Of Maharashtra & Ors
Author
K.T. Thomas
Bench
K.T. Thomas

Judgment text excerpt

The Supreme Court held that an appeal filed out of time without an accompanying application to condone the delay is not maintainable under Order 41 Rule 3A of the Code of Civil Procedure. The Court emphasized that the requirement of filing a condonation application is mandatory and failure to do so results in the appeal being barred by limitation. The High Court's dismissal of the second appeal was upheld, reinforcing the principle that procedural compliance is essential for the exercise of the right to appeal.

Navinchandra N. Majithia vs State Of Maharashtra & Ors · Niyam