Supreme Court · 1998 INSC 268 · Decided 22 July 1998
Ghasi Ram and ORS. v. Chait Ram Saini and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 268 · [1998] 3 S.C.R. 863
- Case number
- CIVIL APPEAL No. 4935/1985
- Decided
- 22 July 1998
- Bench
- S.P. BHARUCHA, V.N. KHARE (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 14
Headnote
Limitation Act 1963-Section 14-Benefit and applicability-Civil P.evisionfiled instead of fresh suit under order 21Rule103 CPC-Dismissed A B by High Court-Fresh suit filed, barred by Limitation- Munsif condoned delay-Affirmed by First Appellate Court-In Second Appeal High Court C held, condonation the time spent in prosecuting the civil revision petition could be excluded and a fresh suit was the only remedy under CPC-On appeal Held, Appellant entitled to condonation of delay­ Illiterate litigant not to suffer on ill-advice of counsel-Civil proceedings D before filing of fresh suit were
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