10 May 2024 3:00 AM GMT
The Supreme Court held it is impermissible for a third-party to file an application for condonation of delay, stating that such an approach would allow anyone, regardless of their involvement in the suit, to seek restoration.
"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,” observed the bench comprising Justices BR Gavai and Sandeep Mehta.
The Court criticized the trial court's decision to entertain the application filed by a stranger after a two-year delay, questioning the necessity and propriety of such action.
Consequently, the Supreme Court overturned the decisions of the trial court and the High Court, allowing the appeal.
Case : Vijay Laxman Bhawe Since Deceased v. P And S Nirman Pvt Ltd
Citation : 2024 LiveLaw (SC) 360