NARAYANARU Vs. THANKAYYAN NADAR

LAWS(SC)-1987-12-74

SUPREME COURT OF INDIA

Decided on December 07,1987

NARAYANARU Appellant

VERSUS

THANKYYAN NADAR Respondents

JUDGEMENT

- (1.) ORDER
(2.) SPECIAL Leave Granted. 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 8/12/1977 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.;

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