Supreme Court · 1977 INSC 228 · Decided 2 December 1977
Indian Statistical Institute v. M/S Associated Builders and ORS.
- Court
- Supreme Court of India
- Citation
- 1977 INSC 228 · [1978] 2 S.C.R. 338
- Case number
- CIVIL APPEAL No. 1298/1977
- Decided
- 2 December 1977
- Bench
- N.L. UNTWALIA, P.S. KAILASAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 149; Arbitration Act Section 14; Limitation Act Section 149
Headnote
-!-imi~ation Act, 1963, _,s. 5, whetl1er covers delay in re-filing objections after rec1ificat1on of defects-Londonation when delay due to circumstances beyond litigant's control. In connection with a dispute between the parties, the appellant Sllbmitted his objections for setting aside the the period of limitation, but was returned as defective, in that the necessary stamps were not affixed, and the date of the verification of the petition was not entered. The defects were rectified, but the appellant refiled his objections late, due to his advocate's misconduct. The delay was
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