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january 2009

Supreme Court of India · 2009-01-13

R.B.Ramlingam vs R.B.Bhvaneswari

Citation / case number
AIRONLINE 2009 SC 145
Court
Supreme Court of India
Petitioner
R.B.Ramlingam
Respondent
R.B.Bhvaneswari
Bench
H.L.Dattu, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the issue of whether the prosecution of a Review Application constitutes sufficient cause for condoning delay under Section 5 of the Limitation Act, 1963. The Court held that there exists a dichotomy between appellate jurisdiction and discretionary jurisdiction under Article 136, affirming that filing a Review Petition does not impede the filing of a special leave petition. The Court emphasized that the test of 'sufficient cause' is subjective and must be evaluated on a case-by-case basis, allowing discretion to determine if reasonable diligence was exercised by the petitioner in prosecuting their appeal.

R.B.Ramlingam vs R.B.Bhvaneswari · Niyam