Supreme Court · 2010 INSC 731 · Decided 25 October 2010
Ramji Pandey and ORS. v. Swaran Kali
- Court
- Supreme Court of India
- Citation
- 2010 INSC 731 · [2010] 12 S.C.R. 864
- Case number
- CIVIL APPEAL No. 9335/2010
- Decided
- 25 October 2010
- Bench
- MUKUNDAKAM SHARMA, ANIL R. DAVE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 5, 14
Headnote
Limitation Act, 1963: s. 5 r. w. s. 14 - Delay in filing appeal C - Condonation of- Held: On facts, delay cannot be condoned since party seeking condonation was not only negligent but a/so had pursued the entire case without due diligence. The respondent filed a suit for declaration against the 0 written statement but thereafter failed to appear in the suit and, therefore, an ex parte decree was passed in favour of the respondent. The recall application filed by the appellants under Order IX Rule 13 C.P.C. for setting aside the ex-parte decree E was rejected by the trial court on the
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