VidhiSangh

Supreme Court of India · 01/12/2023

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY versus AMEENA BEGUM & ANOTHER

[2023] 15 S.C.R. 841 · 2023 INSC 1065

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that an appeal under Order XLIII Rule 1(d), rather than a Section 115 revision, lay where refusal to condone delay also resulted in dismissal of an Order IX Rule 13 application. It set aside the High Court’s order in the incompetent revision, while permitting an appeal by a specified deadline without a limitation objection.

Issues

  1. Whether revision lay against dismissal of a delayed application to set aside an ex parte decree when a statutory appeal was available.

Provisions considered

Held

Result

Appeal allowed; High Court revision order set aside. First respondent permitted to file an Order XLIII Rule 1(d) appeal by 31 December 2023 without a limitation objection, for disposal in accordance with law. All contentions left open; no costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 841.