Supreme Court Allows Appeal in Partition Suit: Time Spent in Order IX Rule 13 Proceedings Can Constitute Sufficient Cause for Condonation of Delay in Filing Appeal Under Section 96(2) CPC. The Court held that the right of appeal under Section 96(2) CPC is a statutory right and cannot be barred by dismissal of an application under Order IX Rule 13 CPC, and that time spent in pursuing such proceedings can be considered sufficient cause under Section 5 of the Limitation Act, 1908.
7 May 2019The Supreme Court allowed the appeal filed by Bhivchandra Shankar More against the judgment of the Bombay High Court which had refused to condone the ...
