Supreme CourtFull Bench(2000) 01 SC CK 0196

Charan Dass and Others vs Sali Ram (Dead) by LRs. and Others

Supreme Court Of India · Decided on 31 January 2000 · Citation: (2000) 7 JT 295

HON’BLE JUDGES
Yogesh Kumar Sabharwal, J · S.B. Majmudar, J · D.P. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No''s. 680-683 of 2000 (Arising out of S.L.P. (C) No''s. 9270-9273 of 1999)

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Judgment

6 paragraphs · 176 words
1.

Delay condoned.

2.

Leave granted.

3.

We have heard learned Counsel for the Appellants as well as learned Counsel for Respondent-Plaintiffs who are the only contesting parties in these proceedings. Respondent No. 3 who is dead was ex-parte before the High Court. Her name shall stand deleted.

4.

In car view, looking to the facts and circumstances of this case and the ground raised in the Review Petition for condoning the delay of 122 days the High Court ought to have condoned the delay in filing the Review Petition.

5.

Only on this short ground and without expressing any opinion on the merits of the controversy between the parties, these appeals are allowed. The impugned ''order dated 30th November 1998 dismissing the Review Petition being Civil Review No. NIL of 1998 on the ground of limitation is ''set aside. Delay in filing the Review Petition is condoned. The Review Petition is restored to the file of the High Court with a request to re-decide the same on merits in accordance with law.

6.

No costs.