Supreme Court · 2000 INSC 441 · Decided 12 September 2000
State of M.P. and ANR. v. Pradeep Kumar and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 441 · [2000] SUPP. 3 S.C.R. 235
- Case number
- CIVIL APPEAL No. 4994/2000
- Decided
- 12 September 2000
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Civil Procedure Code, 1908-0rder 41 Rule 3A Second Appeal filed without application for condonation of delay-­ Necessary application filed later-High Court dismissed appeal on this C · ground-On appeal held, consequences cannot be fatal if appeal is filed without application for that an application needs to be filed and communicate to the respondent that it may not he necessary to meet the grounds taken up as application for condonation of delay will be dealt with first-Matter remanded to High Court for disposal D of application and the second appeal, if explanation
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