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january 2008

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.

Union Of India & Ors vs Camrus Zaman Ghafur Pariat · Niyam