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.