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.