Supreme Court · 2024 INSC 1030 · Decided 19 December 2024
Dwarika Prasad (D) THR. LRS. v. Prithvi Raj Singh
- Court
- Supreme Court of India
- Citation
- 2024 INSC 1030 · [2024] 12 S.C.R. 2075
- Case number
- No. 14830/2024
- Decided
- 19 December 2024
- Bench
- VIKRAM NATH, PRASANNA BHALACHANDRA VARALE
- Acts & sections cited
- CPC Section 151, 115; Limitation Act Section 5
Headnote
Whether a separate application for condonation of delay is mandatory in cases where sufficient justification was provided while seeking restoration against ex-parte decree. Requirement of filing separate application for condonation of delay while seeking decree - Not mandatory: Held: Requiring a party to mandatorily file an application for condonation of delay u/s.5 of the Limitation Act, to seek restoration of ex-parte decree under Or.IX R.13 and Section 151 CPC, is a hyper technical view - Endorsing such a view would effectively
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