JASWANT SINGH & ORS versus PARK.ASH KAUR & ANR
Appeal against order dismissing restoration application under Order IX Rule 13 CPC is maintainable under Order XLIII Rule 1(c) CPC; sufficient cause was shown for condonation of delay by appellants; High Court erred in holding the appeal as not maintainable and restoration application as time-barred.
- Parties
- Appellant: Jaswant Singh & Ors.; Respondent: Parkash Kaur & Anr.
- Jurisdiction
- India
- Judgment Date
- 21 July 2017
- Procedural Posture
- Civil Appeal / Appeal Against High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Maintainability of Appeal, Condonation of Delay, Restoration of Proceedings, Order IX, Rule 9 and Rule 13 CPC, Order XLIII Rule 1 CPC, Section 141 CPC, Limitation Act
Case Brief
Summary, issues, holding and outcome
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Parties
Jaswant Singh & Ors.
Appellant
Parkash Kaur & Anr.
Respondent
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Legal Issues
- 1 Whether appeal against order dismissing restoration application under Order IX Rule 13 CPC is maintainable under Order XLIII Rule 1(c) CPC
- 2 Whether restoration application filed by appellants was barred by limitation
- 3 Whether sufficient cause was shown for condonation of delay
Ratio Decidendi
Appeal against order dismissing restoration application under Order IX Rule 13 CPC is maintainable under Order XLIII Rule 1(c) CPC; sufficient cause was shown for condonation of delay by appellants; High Court erred in holding the appeal as not maintainable and restoration application as time-barred.
Court Disposition
Appeal allowed
Orders
- Judgment of High Court is set aside.
- Order of Appellate Court is revived.
Full Case Text
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