Supreme Court of India · 2002-04-24
Municipal Corporation, Gwalior vs Ramcharan (D) By Lrs. & Ors
- Citation / case number
- AIR 2003 SUPREME COURT 2164
- Court
- Supreme Court of India
- Petitioner
- Municipal Corporation, Gwalior
- Respondent
- Ramcharan (D) By Lrs. & Ors
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the Municipal Corporation's application for condonation of delay under Section 5 of the Limitation Act, as sufficient cause was established due to the advocate's failure to appear and the subsequent belated knowledge of the judgment. The Court emphasized the need for a liberal approach in such matters, particularly when valuable rights concerning immovable property are at stake. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and restored the appeal for hearing.