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july 2001

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.

Vedabai @ Vaijayanatabai Baburao Patil vs Shantaram Baburao Patil And Ors · Niyam