NAVINCHANDRA N. MAJITHIA vs STATE OF MAHARASHTRA

The Supreme Court held that an appeal filed out of time without an accompanying application to condone the delay is not competent under Order 41 Rule 3A of the Code of Civil Procedure. The Court emphasized that the requirement for such an application is mandatory and failure to comply results in the dismissal of the appeal. The judgment of the Madhya Pradesh High Court was upheld, affirming that the appeal was rightly dismissed for lack of jurisdiction due to the absence of a condonation application.