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Sethia Infrastructure (P) Ltd. vs. Mafatlal Mangilal Kothari & Ors. (SC)

52.00 5.20

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Limitation Act, 1963–Sec. 5–High Court condoned the huge delay of 5,250 days in filing the application for restoration and directed the restoration of the first appeal for decision on merits–Justification–After the appeal was dismissed on account of non-prosecution, certain third party rights have been created in the property in dispute–Restoration was allowed without assigning any reason–Impugned order cannot be legally sustained–Set aside and matter remitted back to High Court.