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Supreme Court of India · 08/10/2021

DR. YASHWANTRAO BHASKARRAO DESHMUKH versus RAGHUNATH KISAN SAINDANE

[2021] 6 S.C.R. 1125 · 2021 INSC 647

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Summary

The Court set aside rejection of a second appeal on limitation. The appellant produced documents explaining his changed address after the first appeal was transferred, while the respondent relied on contrary address material. Rejecting the explanation without enquiry or a finding disbelieving it was unjustified. A lenient view was warranted in the circumstances of appellate listing and communication with counsel. The High Court was to consider admission on a substantial question of law; the specific-performance dispute remained undecided.

Issues

  1. Whether the High Court properly rejected the explanation for the 650-day delay without examining the conflicting address material.
  2. What proceedings should follow after setting aside dismissal on limitation.

Provisions considered

Held

Result

Appeal disposed of; High Court limitation-dismissal order set aside. Expedited consideration of admission and conditional merits disposal requested, with no opinion on the merits and no order as to costs.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 1125.