Narayanaru & Anr. Vs. Thankayyan Nadar & Ors.
EmailAppeal: C.A. No. of 1987.
(Arising out of S.L.P.(C) No. 7599 of 1985.)
(Arising out of S.L.P.(C) No. 7599 of 1985.)
Petitioner: Narayanaru & Anr.
Respondent: Thankayyan Nadar & Ors.
Apeal: C.A. No. of 1987.
(Arising out of S.L.P.(C) No. 7599 of 1985.)
(Arising out of S.L.P.(C) No. 7599 of 1985.)
Judges: E.S.VENKATARAMIAH & K.N.SINGH,JJ.
Date of Judgment: Dec 07, 1987
Head Note:
LIMITATION ACT, 1963:
Section 5 – Condonation of delay – Reasons for delay highly unsatisfactory – The Subordinate Judge and the High Court were in error in condoning the delay – Application for condonation of delay dismissed and appeal filed against the decree of Munsif held barred by time.
JUDGEMENT:
O R D E R
1. Special Leave Granted.
2. We have heard learned counsel for the parties. Both the learned Subordinate Judge and the High Court were in error in condoning the delay in filing the appeal to the learned Subordinate Judge from the decree passed in Original Suit No. 397 of 1968 on the file of Principal District Munsif, Padmanabhapuram on December 8, 1977 after more than 7 years. The reasons given for condonation of delay by the applicants under S.5 of the Limitation Act are highly unsatisfactory. We, therefore set aside the order passed by the learned Subordinate Judge and the High Court condoning the delay. We dismiss the application for the condonation of delay. Consequently, the appeal filed against the decree of the learned Munsif is dimissed as barred by time.
1. Special Leave Granted.
2. We have heard learned counsel for the parties. Both the learned Subordinate Judge and the High Court were in error in condoning the delay in filing the appeal to the learned Subordinate Judge from the decree passed in Original Suit No. 397 of 1968 on the file of Principal District Munsif, Padmanabhapuram on December 8, 1977 after more than 7 years. The reasons given for condonation of delay by the applicants under S.5 of the Limitation Act are highly unsatisfactory. We, therefore set aside the order passed by the learned Subordinate Judge and the High Court condoning the delay. We dismiss the application for the condonation of delay. Consequently, the appeal filed against the decree of the learned Munsif is dimissed as barred by time.
