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Supreme Court of India · 2013-03-22

AMALENDU KUMAR BERA vs THE STATE OF WEST BENGAL

Citation / case number
SC 2012/17762
Court
Supreme Court of India
Petitioner
AMALENDU KUMAR BERA
Respondent
THE STATE OF WEST BENGAL
Author
M.Y. EQBAL
Bench
M.Y. EQBAL SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court held that the High Court's refusal to interfere with the District Judge's order condoning the delay in filing a revision petition under Article 227 of the Constitution was justified. The Court emphasized that discretion in condoning delay should be exercised judiciously, particularly when the decree-holder has been pursuing the matter since 1967. The Court upheld the executing court's decision that the objection raised by the State under Section 47 of the Code of Civil Procedure was an attempt to delay execution and affirmed the finality of the decree.

AMALENDU KUMAR BERA vs THE STATE OF WEST BENGAL · Niyam