Supreme Court of India
Dr. Yashwantrao Bhaskarrao Deshmukh v. Raghunath Kisan Saindane
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What the Court ordered
We are of the considered opinion that the High Court erred in dismissing the second appeal solely on the ground of limitation.
Judgment, page 6
From the headnote
Delay/latches: Condonation of delay of 650 days in filing appeal against the ex parte decree – Suit for specific performance of contract by respondent partly decreed exparte and recovery of Rs.61,000 ordered while dismissing relief for specifi c performance – Respondent filed appeal before High Court – Appellant was dul y served and appeared in the said matter through his counsel – However, due to enhancement of pecuniary jurisdiction of District Court, appeal stood transferred to District Court from High Court and fresh notice issued to appellant through paper p ublication – Appellant did
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