Supreme Court of India · 2001-07-20
Vedabai @ Vaijayanatabai Baburao Patil vs Shantaram Baburao Patil And Ors
- Citation / case number
- AIR 2001 SUPREME COURT 2582
- Court
- Supreme Court of India
- Petitioner
- Vedabai @ Vaijayanatabai Baburao Patil
- Respondent
- Shantaram Baburao Patil And Ors
- Bench
- Syed Shah Moammed Quadri, S.N. Phukan
Judgment text excerpt
The Supreme Court held that the discretion under Section 5 of the Limitation Act must be exercised with a pragmatic approach, particularly in cases of minor delays. The Court found that the Additional District Judge's dismissal of the application for condonation of delay was erroneous, as it failed to consider the vacation period of the court and the appellant's genuine efforts to minimize delay. The Court set aside the High Court's order and the Additional District Judge's order, condoning the seven-day delay and restoring the appeal for a merits decision.