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september 2000

Supreme Court of India · 2000-09-12

STATE OF M.P. vs PRADEEP KUMAR AND ANOTHER

Citation / case number
SC 1999/5287
Court
Supreme Court of India
Petitioner
STATE OF M.P.
Respondent
PRADEEP KUMAR AND ANOTHER
Bench
K.T. THOMAS & R.P. SETHI

Judgment text excerpt

The Supreme Court held that an appeal filed out of time without an accompanying application to condone the delay is liable to be dismissed at the threshold as per Order 41 Rule 3A of the Code of Civil Procedure. The Court emphasized that the High Court's interpretation of the rule was correct, as it preemptively protects the right of appeal by requiring timely compliance with procedural rules. The appeal was dismissed, affirming the High Court's decision to reject the second appeal due to the absence of a delay condonation application.

STATE OF M.P. vs PRADEEP KUMAR AND ANOTHER · Niyam