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april 2002

Supreme Court of India · 2002-04-24

MUNICIPAL CORPORATION, GWALIOR vs RAMCHARAN (D) BY LRS. .

Citation / case number
SC 2000/17159
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION, GWALIOR
Respondent
RAMCHARAN (D) BY LRS. .
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 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 appeal was allowed, the High Court's order was set aside, and the delay in filing the appeal was condoned.

MUNICIPAL CORPORATION, GWALIOR vs RAMCHARAN (D) BY LRS. . · Niyam