N. BALAKRISHNAN vs M. KRISHNAMURTHY — C.A. No. 4575 - 4576/1998

Case under Section XII-B. Status: Disposed.

Disposed

CNR: SCIN010063691998

Filing Date

17-Apr-1998

Registration No

C.A. No. 4575 - 4576/1998

Diary Number

6369/1998

Order Date

03-Sep-1998

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 03-Jun-2026

Acts & Sections

Section XII-B

Petitioner(s)

  1. 1.N. BALAKRISHNAN

    Adv. KRISHNAMURTHI SWAMI (Dead / Retired / Elevated)

Respondent(s)

  1. 1.M. KRISHNAMURTHY

    Adv. ABHA JAIN

Case History

  1. Case disposedDisposed

  2. 03-Sep-1998

    Judgment - of Main CaseView PDF

  3. 17-Apr-1998

    Case filed

    Registration No. C.A. No. 4575 - 4576/1998

View Full Judgment
casestatus.in Summary

Case Summary: The Supreme Court allowed N. Balakrishnan's appeal against the High Court's reversal of the trial court's decision to condone an 883-day delay in filing an application to set aside an ex-parte decree. The Court held that acceptability of explanation, not length of delay, is the sole criterion under Section 5 of the Limitation Act; Balakrishnan's explanation—that his advocate failed to inform him of the application's dismissal and subsequently abandoned the case—was reasonable and satisfied the trial court's discretion. The Court restored the trial court's order but directed Balakrishnan to pay Rs. 10,000 to the respondent as compensation for litigation expenses and delay. This case analysis is maintained by casestatus.in based on publicly available court records.

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