Supreme Court · 2001 INSC 301 · Decided 20 July 2001

Vedabai @vaijayanatabai Baburao Patil v. Shantaram Baburao Patil and ORS.

Court
Supreme Court of India
Citation
2001 INSC 301 · [2001] 3 S.C.R. 1053
Case number
CIVIL APPEAL No. 4494/2001
Decided
20 July 2001
Bench
S.S.M. QUADRI, S.N. PHUKAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 115; Limitation Act Section 5

Headnote

B Limitation Act, 1963: S.5-Seven days' delay in filing appeal due to illness of appellant­ Appellate Court and High Court declining to condone the delay-Held, in C exercising discretion u/s. 5, courts should adopt a pragmatic approach- A distinction must be made between a case where delay is former case consideration of prejudice to the other side will be a relevant factor so the case calls for a more cautious approach but in the latter case no such consideration may D arise and such a case deserves a liberal approach-Expression 'sufficient cause' should receive liberal construction

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