Whether rejection of delay condonation application for filing first appeal amounts to dismissal of first appeal?
This Court in the case of Chandrakant Govind Sutar
.vs. M. K. Associates and another reported in 2003 (1) Mh.L.J.
1011 considered the duty of the Counsel towards his client as well
as duty towards the Court with reference to the Advocates Act as
well as the Civil Procedure Code. Regarding the order passed
below the application for condonation of delay, when such order is
passed at the stage of first appeal, it was specifically observed by
this Court that when application for condonation of delay is
allowed by the subordinate Court, in those cases revision under
Section 115 of the Code of Civil Procedure would be available. In
other words, when an order is passed dismissing the application
for condonation of delay in preferring the First Appeal, the
revision application against such order was held not tenable as the
consequence of dismissing the application for condonation of
delay in filing the appeal results in disposing the appeal as time
barred. Therefore, remedy by way of Second Appeal is available
in such cases.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR
SECOND APPEAL NO.128 OF 2013
Smt.Shewantabai wd/o. Kashinath
Kumbhare (Since deceased).
// Versus //
Purushottam s/o. Mahadeorao Ambatkar,
CORAM: A.P.BHANGALE, J.
DATED : 3rd February, 2014.
Citation;2015(7) ALLMR425
https://www.lawweb.in/2016/04/whether-rejection-of-delay-condonation.html.vs. M. K. Associates and another reported in 2003 (1) Mh.L.J.
1011 considered the duty of the Counsel towards his client as well
as duty towards the Court with reference to the Advocates Act as
well as the Civil Procedure Code. Regarding the order passed
below the application for condonation of delay, when such order is
passed at the stage of first appeal, it was specifically observed by
this Court that when application for condonation of delay is
allowed by the subordinate Court, in those cases revision under
Section 115 of the Code of Civil Procedure would be available. In
other words, when an order is passed dismissing the application
for condonation of delay in preferring the First Appeal, the
revision application against such order was held not tenable as the
consequence of dismissing the application for condonation of
delay in filing the appeal results in disposing the appeal as time
barred. Therefore, remedy by way of Second Appeal is available
in such cases.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR
SECOND APPEAL NO.128 OF 2013
Smt.Shewantabai wd/o. Kashinath
Kumbhare (Since deceased).
// Versus //
Purushottam s/o. Mahadeorao Ambatkar,
CORAM: A.P.BHANGALE, J.
DATED : 3rd February, 2014.
Citation;2015(7) ALLMR425
