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august 2009

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.

Phulia & Ors vs Koushal Prasad & Anr · Niyam