Supreme Court of India · 2009-08-24
Phulia & Ors vs Koushal Prasad & Anr
- Court
- Supreme Court of India
- Petitioner
- Phulia & Ors
- Respondent
- Koushal Prasad & Anr
- Bench
- Mukundakam Sharma, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the second appeal due to a delay of 53 days without considering the appellants' financial constraints and lack of legal knowledge. The Court emphasized the need for a fair opportunity to be heard, thereby condoning the delay and remitting the case back to the High Court for a fresh decision on merits. The order of the High Court was set aside, and the appeal was disposed of with directions for expedited proceedings.