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Supreme Court of India 2021-12-16 allowed

Majji Sannemma @ Sanyasirao vs Reddy Sridevi & Ors

Bench: 2 — M.R. Shah

In Brief

The original plaintiff filed a civil suit for permanent injunction in 2013. The trial court dismissed the suit, but the first appellate court allowed it. The defendants delayed 1011 days in filing a Second Appeal, seeking condonation of delay. The High Court granted condonation, but the Supreme Court held that the High Court erred in exercising its discretion. No satisfactory explanation was offered for the entire delay period. The Court ruled that the discretion to condone delay must be exercised judiciously and cannot be granted merely on the ground that the appeal will be heard on merits when no sufficient cause exists. The Court set aside the High Court's order and dismissed the Second Appeal.

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Limitation Act, 1963 Condonation of Delay Civil Procedure Discretion

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