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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Municipal Corporation Of Delhi – Appellant
Versus
Action Committee Unaided – Respondent
| Table of Content |
|---|
| 1. conclusion on miscellaneous application (Para 1 , 9 , 10) |
| 2. duty of parties to appear in proceedings (Para 2 , 4 , 5) |
| 3. disposal of slp with liberty to file lpa (Para 3 , 6) |
| 4. open contentions for future hearings (Para 7 , 8) |
ORDER :
1. Delay condoned.
2. This miscellaneous application has been filed by the respondent(s) in C.A. No.4545/2024 (@ SLP (C) No.17978/2014) by contending that they did not appear before this Court in the said matter which was disposed of by this Court on 21.03.2024.
3. Further, the appellant/Municipal Corporation Of Delhi (MCD) also did not bring to the notice of this Court that the respondent(s) in the said special leave petition had not appeared in the matter and further the said special leave petition was filed as against the order of learned Single Judge dated 29.11.2012 directly before this Court.
4. Learned senior counsel appearing for the applicant submitted that there was a fault on the part of the respondent(s) in not responding to the notice(s) issued by this Court and not participating in the said proceeding. However, there was a duty cast on the appellant(s) to have brought to the notice of this Court that the batch of cases compr
Courts can consider merits alongside delay in restoration petitions under CPC to promote justice over technicalities.
The Court emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
Order passed under Rule 13 of Order 9 of CPC rejecting application for an order to set aside a decree passed ex parte, appeal would lie under Order XLIII Rule 1 (d) of CPC.
Huge delay of 1,633 days in filing Special Leave Petition cannot be condoned.
An appellate court may condone delay in filing an appeal if substantial legal grievance and interest are demonstrated by a non-party to a decree.
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