RAHEEM SHAH & ANR versus GOVIND SINGH & ORS.

RAHEEM SHAH & ANR versus GOVIND SINGH & ORS.

The Supreme Court held that the 52-day delay in filing the first appeal was not inordinate and, in the interest of substantial justice, should be condoned; it set aside the judgments of the lower Appellate Court and the High Court, condoned the delay, restored the appeal to the lower Appellate Court and directed that the appeal be decided on merits.

Parties
Appellants: Raheem Shah & Anr.; Respondents: Govind Singh & Ors.
Jurisdiction
India
Judgment Date
24 July 2023
Procedural Posture
Civil Appeal / Disposed by Supreme Court
Outcome
Appeal disposed of; judgments of the High Court and lower Appellate Court set aside; delay condoned; appeal restored to lower Appellate Court for decision on merits.
Legal Topics
Condonation of Delay, Appeal Under Section 96 CPC, Restoration of Appeal, Limitation Act Section 5, Procedure for Disposal on Merits
Civil Procedure Limitation Law Condonation of Delay Appeal Under Section 96 CPC Restoration of Appeal Limitation Act Section 5 Procedure for Disposal on Merits

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Parties

Raheem Shah & Anr.

Appellants

Govind Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Disposed by Supreme Court

Legal Issues

  1. 1 Whether delay in filing the first appeal should be condoned under Section 5 of the Limitation Act, 1963
  2. 2 Whether the lower Appellate Court erred in dismissing the appeal solely on the ground of limitation
  3. 3 Whether the High Court erred in dismissing the second appeal on the ground that there was no question of law

Ratio Decidendi

The Supreme Court held that the 52-day delay in filing the first appeal was not inordinate and, in the interest of substantial justice, should be condoned; it set aside the judgments of the lower Appellate Court and the High Court, condoned the delay, restored the appeal to the lower Appellate Court and directed that the appeal be decided on merits.

Court Disposition

Appeal disposed of; judgments of the High Court and lower Appellate Court set aside; delay condoned; appeal restored to lower Appellate Court for decision on merits.

Orders

  • Judgment dated 16.04.2015 of the High Court set aside
  • Judgment dated 08.10.2010 of the lower Appellate Court set aside