Supreme Court of India · 2000-09-19
Jagdish Sawhney vs Harbans Singh & Ors.
- Citation / case number
- AIR 2000 SUPREME COURT 3143
- Court
- Supreme Court of India
- Petitioner
- Jagdish Sawhney
- Respondent
- Harbans Singh & Ors.
- Bench
- S. Rajendra Babu, D.P. Mohapatra
Judgment text excerpt
The Supreme Court addressed the issue of condonation of delay in filing an appeal under Section 5 of the Limitation Act, emphasizing that the appellant's awareness of the decree was crucial. The Court held that if the appellant genuinely became aware of the decree only on 2-2-1996, the delay in filing the appeal could be justified. However, the appellate court's finding that the appellant was aware of the proceedings and failed to act in time was significant in dismissing the application for condonation of delay, leading to the upholding of the trial court's decree.