AJAY GUPTA Vs. RAJU @ RAJENDRA SINGH YADAV
LAWS(SC)-2016-7-59
SUPREME COURT OF INDIA
Decided on July 05,2016

AJAY GUPTA Appellant
VERSUS
Raju @ Rajendra Singh Yadav Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The impugned judgment on limitation to file a suit gives an interesting reading on reasoning: "Learned trial court has vide impugned order, disposed the application filed under Order 7 Rule 11 by the defendant on the ground that 01.01.2011 was non-working Saturday, therefore the Suit was filed on 03.01.2011 is within limitation. Although, there is no bar for filing of Suit on non- working Saturday but if the Suit is not filed on non-working Saturday under the assumption that it is non-working Saturday then the mistake of non- filing is a bonafide mistake, so the mistake is taken as bonafide mistake."
(3.) It is not in dispute that the last date for filing the suit was 31.12.2010, the last day of winter vacation for court. 01.01.2011 was a Saturday, and even according to the High Court, it is non-working Saturday for the Judges for enabling them to write judgments and regular hearing of cases is not heard on a non-working Saturday. Obviously, it was not a holiday for the Registry and there is no question of any confusion, though such confusion also cannot save limitation to file a suit.;


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