In Brief
The appellant challenged the High Court's dismissal of his application for condonation of delay (650 days) in filing a second appeal against an ex-parte decree for specific performance of a land sale agreement. The High Court had rejected the condonation application, reasoning that the appellant was negligent in not contacting his counsel and that the respondent, who had litigated for 17 years, should not be deprived of the relief granted. The Supreme Court allowed the appeal, holding that the High Court erred in rejecting the condonation application without enquiring into the appellant's documented change of address (supported by voters lists and Aadhar card). The Court found that absent a definitive finding disbelieving this explanation, and given the practice of advocates assuring clients of future contact, the High Court should have taken a lenient view.
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