Supreme Court · 2025 INSC 183 · Decided 11 February 2025

Om Prakash Gupta Alias Lalloowa (Now Deceased) & ORS. v. Satish Chandra (Now Deceased)

Court
Supreme Court of India
Citation
2025 INSC 183 · [2025] 2 S.C.R. 937
Case number
CIVIL APPEAL No. 13407/2024
Decided
11 February 2025
Bench
DIPANKAR DATTA, PRASHANT KUMAR MISHRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 120, 121, 1; Constitution Article 136; Limitation Act Section 5, 120, 121

Headnote

The issues before the Hon'ble Court were as to whether the High Court was justified in dismissing the application for condonation of delay in filing the application for substitution and could the second appeal be regarded and as to what is the proper sequence in which the said applications are to be filed. Section 5 of Limitation Act, 1963 - Application for setting aside abatement and application for condonation of delay in filing the former application - Principles to be kept in mind

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