VidhiSangh

Supreme Court of India · 08/01/2025

H. GURUSWAMY & ORS. versus A. KRISHNAIAH SINCE DECEASED BY LRS.

[2025] 1 S.C.R. 764 · 2025 INSC 53

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Summary

The Supreme Court set aside a High Court order that had condoned a delay of about 2200 days and revived a 1977 suit dismissed as abated. The High Court ignored the plaintiffs' long inaction, the trial court's reasons and the earlier adjudication of their rights; expressions such as 'liberal approach' or 'substantial justice' cannot be used to defeat the law of limitation.

Issues

  1. Whether the High Court erred in setting aside the trial court's rejection of the plaintiffs' application to recall the order dismissing their suit as abated, thereby condoning a delay of about six years.
  2. How a court should approach an application for condonation of a long delay, and whether the merits of the main matter may be considered first.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 30.01.2020 set aside and the trial court's order dated 05.08.2014 in Misc. Case No. 223 of 2006, rejecting the recall application, restored.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 764.