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.