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april 2002

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.

Municipal Corporation, Gwalior vs Ramcharan (D) By Lrs. & Ors · Niyam