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december 2023

Supreme Court of India · 2023-12-01

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY vs AMEENA BEGUM

Citation / case number
SC 2021/8060
Court
Supreme Court of India
Petitioner
THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY
Respondent
AMEENA BEGUM
Author
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Judgment text excerpt

The Supreme Court examined the validity of the delay condonation application filed under Section 5 of the Limitation Act, 1963, in the context of setting aside an ex-parte decree passed in a civil suit. The Court analyzed whether the delay of over 15 years could be justified under the provisions of the Limitation Act. The Court upheld the lower court's decision to dismiss the application, emphasizing the importance of timely filings and the principles of justice and equity. The judgment underscores the strict approach towards condonation of substantial delays in civil proceedings.

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY vs AMEENA BEGUM · Niyam