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november 2019

Supreme Court of India · 2019-11-21

N. Mohan vs R. Madhu

Citation / case number
AIR 2020 SUPREME COURT 41
Court
Supreme Court of India
Petitioner
N. Mohan
Respondent
R. Madhu
Author
R. Banumathi
Bench
Hrishikesh Roy, A.S. Bopanna, R. Banumathi

Judgment text excerpt

The Supreme Court upheld the High Court's decision to refuse condonation of a 546-day delay in filing an appeal against an ex-parte decree under Order IX Rule 13 CPC. The appellant's claims of non-service of summons and change of residence were found insufficient to justify the delay, as the appellant had previously failed to establish these grounds in earlier proceedings. The Court emphasized the importance of adhering to procedural timelines and the need for a valid explanation for delays in civil proceedings, affirming the High Court's order as just and reasonable.

N. Mohan vs R. Madhu · Niyam