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july 2016

Supreme Court of India · 2016-07-05

Ajay Gupta vs Raju @ Rajendra Singh Yadav

Citation / case number
AIR 2016 SUPREME COURT 3284
Court
Supreme Court of India
Petitioner
Ajay Gupta
Respondent
Raju @ Rajendra Singh Yadav
Bench
Rohinton Fali Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court held that the trial court erred in allowing a suit filed on 03.01.2011, which was beyond the limitation period set by Section 4 of The Limitation Act, 1963. The Court clarified that Section 5, which allows for extension of time, does not apply to suits, and that the mistake of not filing on a non-working Saturday does not constitute a bonafide mistake under the Act. Consequently, the impugned order was set aside, and the application under Order 7 Rule 11 of the CPC was allowed, resulting in the dismissal of the recovery suit.

Ajay Gupta vs Raju @ Rajendra Singh Yadav · Niyam