Supreme Court of India · 2008-01-31
Union Of India & Ors vs Camrus Zaman Ghafur Pariat
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Camrus Zaman Ghafur Pariat
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the condonation of delay under Section 5 of the Limitation Act is a discretionary power of the court, and the appellate court should not interfere with the exercise of this discretion unless there are compelling reasons. The Court restored the order of the District Judge, which had condoned a delay of 447/523 days, emphasizing that the High Court erred in reversing this decision. The appeal was directed to be expedited and disposed of on merits by the District Judge.