AIROnline 2024 SC 289

Supreme Court Of India

(From : AIROnline 2022 BOM 1404)

Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

Limitation Act (36 of 1963) , S.5— Condonation of delay in restoration of suit - Application by stranger - Respondent who applied for condonation of delay of 9 years and 11 months in filing application for restoration was a stranger , who was not impleaded in suit - Said application was decided on merits when application for restoration of suit and condonation of delay filed by legal heirs of original plaintiffs was pending adjudication -Prima facie , reasoning given by the trial court as well as the High Court for condoning the inordinate delay did not constitute a "sufficient cause" - Order allowing application for condonation of delay was set aside . AIROnline 2022 BOM 1404-Reversed (Para 9 10 11 12)