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Supreme Court of India 2018-03-08 allowed

Ummer vs Pottengal Subida & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A 68-year-old man's appeal to the High Court was delayed by 554 days. He sought to set aside an ex parte decree in a family matter and requested condonation of the delay, citing serious health issues (heart disease and dengue), hospitalization, family disputes, and mental distress. The High Court dismissed both the condonation plea and the appeal as time-barred. The Supreme Court allowed his appeal, holding that a liberal view must be taken in condonation cases. Since his documented medical condition and hospitalisation were genuine and undisputed, they constituted sufficient cause under the Limitation Act. The Court rejected the rigid requirement to explain each day's delay, emphasizing that the totality of circumstances matters. The case was remanded to the High Court for merit-based adjudication."

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Family Law Limitation Civil Procedure Condonation of Delay

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