Case Note & Summary
The case involved a special leave petition filed by Sainik Security against a judgment of the Madhya Pradesh High Court, which had dismissed an application for condonation of delay in filing an appeal due to a delay of 769 days. The Supreme Court examined the application for condonation of delay and the reasons provided by the petitioner. After considering the arguments from both sides, the court concluded that the reasons stated in the application constituted sufficient cause for allowing the delay. The court permitted the condonation of delay on the condition that the petitioner pays costs of Rs.10,000 to the respondents within three months. It specified that if the costs were not paid within the stipulated time, the earlier order would be confirmed, and the application for condonation would be rejected. Consequently, the Supreme Court set aside the High Court's order, restored the appeal to its original file, and disposed of the special leave petition accordingly.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Code of Civil Procedure, 1908, Section 5 - The court found that the facts presented in the application constituted sufficient cause for condoning the delay in filing the appeal. The application was allowed on the condition of payment of costs to the respondents, failing which the order would stand confirmed and the application rejected. Held that the appeal was restored to its original file (Paras 1-2).
Issue of Consideration
Whether the delay of 769 days in filing the appeal should be condoned.
Final Decision
The Supreme Court allowed the application for condonation of delay on payment of costs of Rs.10,000 to the respondents within three months, restoring the appeal to its original file.
Law Points
- Condonation of delay
- sufficient cause
- costs
- restoration of appeal
