Case Note & Summary
The case involved a civil appeal where the appellants sought to condone the delay in filing their appeal against the respondents. The Supreme Court, after hearing the learned counsel for both parties, granted leave and condoned the delay on the condition that the appellants pay Rs. 8,000/- as costs to the respondents within eight weeks. The court stipulated that the receipt of this payment must be filed before the High Court within ten weeks for the order of condonation to take effect. The appeal was thus disposed of with these specific directions.
Headnote
A) Civil Procedure - Condonation of Delay - Conditions for Condonation - Code of Civil Procedure, 1908, Section Not mentioned - The court condoned the delay in the presentation of the appeal subject to the payment of costs to the respondents, emphasizing the necessity of compliance with the payment condition for the order to be operative. Held that the appeal was disposed of with specific directions regarding costs (Paras Not mentioned).
Issue of Consideration
Whether the delay in presentation of the appeal should be condoned and under what conditions.
Final Decision
The Supreme Court condoned the delay in the presentation of the appeal subject to the payment of Rs. 8,000/- as costs to the respondents within eight weeks, with specific directions regarding the filing of the payment receipt.
Law Points
- Condonation of delay
- Costs in civil proceedings
