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COI Art. 227  – Revision – Scope of interference is limited.

A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side

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Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

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CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

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COI Art. 227  – Revision – Scope of interference is limited.

'Sufficient cause' has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.

Objection as to the mode of proof - Must be taken when the document is tendered and before it is marked as an exhibit

Home CIVIL Limitation Act, 1963

A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side

by PLRonline
in Limitation Act, 1963
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limitation act s. 5, Sufficient Cause – limitation

A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side will be a relevant factor, in the latter case no such consideration arises.

’23. What needs to be emphasized is that even though a liberal and justice-oriented approach is required to be adopted in the exercise of power under Section 5 of the limitation act and other similar statutes, the courts can neither become oblivious of the fact that the successful litigant has acquired certain rights on the basis of the judgment under challenge and a lot of time is consumed at various stages of litigation apart from the cost.

Maniben Devraj Shah v. Municipal Corporation Of Brihan Mumbai, 2012 PLRonline 0100 referred to the pronouncement in Vedabai v. Shantaram Baburao Patil [(2001) 9 SCC 106]

Tags: Liberal Approach - LimitationLimitationlimitation actlimitation act S. 5Public justiceStrict standard of proof - LimitationSufficient Cause - Limitation

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