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Vinod P   12 March 2024

Challenging claim of non-maintainability of appeal

Can Claim of Non-Maintainability of Appeal due to delay in filing in a sub divisional court be challenged by appropriate providing citations?


 3 Replies

Kartikey Tiwari   12 March 2024

The claim of non-maintainability of an appeal due to delay can indeed be challenged. Here are some relevant points and citations to consider:

Rule of Limitation:

Filing an appeal within the prescribed period of limitation is the general rule.

Courts have the discretion to condone delays, but this should be done judiciously and based on genuine reasons.

Citation: S.R. Vediappan vs. S.P. Ramalingam (2020).

Balancing Justice and Technical Considerations:

If a party has lost the right to have their case considered due to their own inaction over an extended period, it cannot be presumed as non-deliberate delay.

Courts must weigh substantial justice against technical considerations.

Condonation of Delay:

While courts should be liberal in condoning delay, it should not be inexcusable unless sufficient cause is shown.

Citation: P.K. Saraf vs. Commissioner of Income Tax (1999).

Specific Case Law:

In the case of Chintels India Ltd., the Supreme Court held that an appeal could be considered non-maintainable due to delay

T. Kalaiselvan, Advocate (Advocate)     13 March 2024

You have the rights to challenge the appeal on the grounds you rely upon. 

The court will decide the same on merits. 

Real Soul.... (LEGAL)     13 March 2024

If the appeal is filed beyond the statoury time without seeking condonation of delay under Sec % limitation Act, then the appeal is not maintainble, but however if the application for condonation of delay is also submitted the courts are leinant to admit the appeals.

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