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Supreme Court of India 2018-10-10 dismissed

Mohd. Sahid and Others vs Raziya Khanam (D) Thr. Lrs and Another

Bench: 2 — R. Banumathi

In Brief

This case concerns an appeal against the dismissal of an application for condonation of delay in filing a civil appeal. The appellants sought to file an appeal 349 days late in a property dispute suit dating to 1979, claiming they only learned of the judgment through a police constable in May 2013. The High Court and First Appellate Court found this claim false, noting that the appellants had appeared in earlier court proceedings and had filed documents referencing the judgment in November 2012. The Supreme Court upheld the dismissal, finding that the appellants filed the condonation application with incorrect facts and had been negligent, particularly given that the matter had been remitted to them for fresh decision after their earlier appeal succeeded. The appeal was dismissed with no costs.

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Limitation Condonation of delay Civil Procedure Evidence

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