Case Note & Summary
The Supreme Court of India addressed the issue of delay in filing a restoration application concerning a civil appeal. The appeal was initially dismissed due to the non-filing of an affidavit of service of chamber summons within the stipulated time. The appellants sought to restore the appeal, arguing for the condonation of the delay. The court considered the merits of the application and ultimately decided to condone the delay, allowing the restoration of the civil appeal to its original number. This decision underscored the court's willingness to provide relief in procedural matters where justifiable reasons for delay are presented.
Headnote
A) Civil Procedure - Restoration of Civil Appeal - Delay in Filing - Code of Civil Procedure, 1908 - The court condoned the delay in filing the restoration application and allowed the restoration of the civil appeal which was dismissed due to non-filing of affidavit of service within the granted time. Held that the application for restoration was justified and the appeal was restored to its original number (Paras Not mentioned).
Issue of Consideration
Whether the delay in filing the restoration application should be condoned and the civil appeal restored.
Final Decision
The Supreme Court condoned the delay in filing the restoration application and restored the civil appeal to its original number.
Law Points
- Restoration of civil appeal
- delay condonation
- affidavit of service
