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1987 Supreme(SC) 934
SUPREME COURT OF INDIA
E.S.Venkataramiah : K.N.Singh
Narayanaru
Versus
Thankyyan Nadar
Case No. : of 1987
Date of Decision : 12/7/87
Headnote:
Limitation Act – Section 5 - Condonation of delay - Decreed - Learned Subordinate Judge and High court were in error in condoning delay in filing appeal to learned Subordinate Judge from decree passed in Original Suit No. on file of Principal District Munsif, on after more than 7 years – Held, reasons given for condonation of delay by applicants under S.5 of Limitation Act are highly unsatisfactor – Court , therefore set aside order passed by learned Subordinate Judge and High court condoning delay – Court dismiss application for condonation of delay - Consequently, appeal filed against decree of learned Munsif is dimissed as barred by time – Appeal dismissed.
(1) SPECIAL Leave Granted.
(2) WE have heard learned counsel for the parties. Both the learned Subordinate Judge and the High court were in error in condoning the delay in filing the appeal to the learned Subordinate Judge from the decree passed in Original Suit No. 397 of 1968 on the file of Principal District Munsif, Padmanabhapuram on 8/12/1977 after more than 7 years. The reasons given for condonation of delay by the applicants under S.5 of the Limitation Act are highly unsatisfactory. We, therefore set aside the order passed by the learned Subordinate Judge and the High court condoning the delay. We dismiss the application for the condonation of delay. Consequently, the appeal filed against the decree of the learned Munsif is dimissed as barred by time.
