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REKHA BORANA
Raju Rajendra S/o Vijayraj – Appellant
Versus
Amba Lal S/o Heera Das – Respondent
JUDGMENT :
REKHA BORANA, J.
1. The present appeal has been preferred by the appellants against the judgment and decree dated 13.03.2014 passed by the District Judge, Pali in Civil Original Suit No. 104/2012 whereby the suit under Section 6 of the Specific Relief Act, 1963 (for short ‘the Act of 1963’) as preferred by the plaintiff had been decreed.
2. Along with the appeal, an application under Section 5 of the Limitation Act has also been preferred as the appeal is reported to have been filed with a delay of 3228 days.
3. Arguing on the application under Section 5 of the Limitation Act, learned counsel for the appellants submitted that against the impugned judgment and decree dated 13.03.2014, at the first instance, a regular appeal was preferred on 06.05.2014 which was disposed on 08.02.2016 with the observation that the defendants ought to have preferred an application under Order IX Rule 13 of Code of Civil Procedure (CPC).
4. An application under Order IX Rule 13 CPC was therefore preferred by the defendants on 27.02.2016 before the learned trial Court and the said application was rejected on 28.05.2022. Against the said order, S.B. Civil Misc. Appeal No. 1297/2022 was preferred on
The main legal point established in the judgment is the strict construction of Section 3 and liberal construction of Section 5 of the Limitation Act, 1963, emphasizing that rights accrue based on Sec....
The main legal point established is that the appellant was entitled to a period within the limitation period based on the order of the Supreme Court dated 10.01.2022, and therefore, the rejection of ....
A bona fide mistake or negligent advice from a lawyer may constitute sufficient cause for condoning delay under Section 5 of the Limitation Act, emphasizing the need for substantial justice.
The delay in filing an appeal should be condoned in the interest of justice, where there is no gross negligence or deliberate inaction by the appellant. The expression 'sufficient cause' in Section 5....
Section 6(3) of the Specific Relief Act 1963 bars appeals from decrees in suits filed under this section, necessitating alternative remedies such as revision.
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