Vijay Laxman Bhawe (D) vs P & S Nirman Pvt. Ltd. 2024 INSC 394 - Delay Condonation Application By Stranger
Limitation Act, 1963; Section 5- The application seeking condonation of delay filed at the behest of the stranger, who is not a party to the proceedings, is totally illegal- [Allowing appeal against the HC order upholding the order allowing the application seeking condonation of delay by the Trial Court, SC observed: Entertaining an application filed at the behest of a stranger for condonation of delay in filing an application for restoration of the subject suit is totally unsustainable in law. Admittedly, respondent No.1 has not even been impleaded in the subject suit. As such, the application filed at the behest of the stranger, who is not a party to the proceedings, is totally illegal. If the approach as adopted by the trial court is approved, any Tom, Dick and Harry would be permitted to move an application for condonation of delay in filing an application for restoration of the suit even if he is not a party to the subject suit.]