Supreme Court of India
State of M.P. and Anr. v. Pradeep Kumar and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result we allow this appeal and set aside the impugned judgment.
Judgment, page 9
From the headnote
Civil Procedure Code, 1908-Order 41 Rule 3A Second Appeal filed without application for condonation of delay-Necessary application filed later-High Court dismissed appeal on this ground-On appeal held, consequences cannot be fatal if appeal is filed without application for condonation of delay-Defect is curable by party-Enactment had two fold object ; informing the appellant that an application needs to be filed and communicate to the respondent that it may not be necessary to meet the grounds taken up as application for condonation of delay will be dealt with first-Matter remanded to High Court for disposal of application and the second appeal, if explanation found satisfactory.
Authorities it was built on
- Govind Lal Chaggan Lal Patel v. The Agriculture Produce Market Committee
- Jagat Dhish Bhargava v. Jawahar Lal Bhargava
- State of Karnataka v. Nagappa
- Padmavathi v. Kalu
- Madhukar Daso Deshpande v. Anant Nilkantha Deshpande
Where later benches applied it
- 2018 Itc Limited v. Blue Coast Hotels Ltd. & Ors.
- 2014 H. Dohil Constructions Co. (p) Ltd. v. Nahar Exports Ltd. & Anr.
Of those, 2 relied on
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