VidhiSangh

Supreme Court of India · 10/10/2018

MOHD. SAHID AND OTHERS versus RAZIYA KHANAM (D) THR. LRS. AND ANOTHER

[2018] 12 S.C.R. 963 · 2018 INSC 949

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Summary

The Supreme Court upheld refusal to condone a 349-day delay in appealing an ex parte decree. The claimed date of first knowledge was contradicted by participation in the suit and an earlier objection expressly referring to the decree. Although one High Court observation misread the affidavit, that error did not affect the independently supported finding of negligence and incorrect disclosure. The appeal was dismissed without costs.

Issues

  1. Whether the explanation established sufficient cause for the delayed appeal.
  2. Whether the High Court’s inaccurate observation required reversal despite other evidence of prior knowledge.

Provisions considered

Held

Result

Appeal dismissed; refusal to condone the 349-day delay upheld. No costs.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 963.