Case Note & Summary
The case involved an appeal filed by Nilkanth Kawduji Shivankar against an order from the High Court of Judicature at Bombay, which had rejected an application for condonation of delay in filing the appeal. The delay in question was 11 days. The Supreme Court, upon hearing the arguments from both parties, found the reasons provided in the application for condonation of delay to be satisfactory and constituted sufficient cause. Consequently, the Supreme Court set aside the High Court's order rejecting the application, allowed the application for condonation of delay, and restored the appeal to its original file. The court instructed the High Court to dispose of the appeal promptly, ideally within three months from the communication of this order, without unnecessary adjournments. The appeal was allowed with no order as to costs.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Code of Civil Procedure, 1908, Section 5 - The court found sufficient cause for condoning the delay of 11 days in filing the appeal, thus allowing the application for condonation of delay and restoring the appeal to its original file. The High Court was directed to dispose of the appeal expeditiously, preferably within three months (Paras 1-2).
Issue of Consideration
Whether the delay of 11 days in filing the appeal should be condoned.
Final Decision
The Supreme Court allowed the application for condonation of delay, set aside the High Court's order, and restored the appeal to its original file, directing the High Court to dispose of the appeal within three months.
Law Points
- Condonation of delay
- sufficient cause
- restoration of appeal
