Can’t Interfere With Discretionary Order Condoning Delay In Supervisory Jurisdiction U/Art 227 Unless There Is Total Non-Application Of Mind

Case: Madan Lal Suryawanshi v. Tara Devi (now deceased through its LRs)

Coram: Justice C. Hari Shankar

Case No.: CM(M) 460/2022

Court Observation: “It is only where, therefore, there is complete non-application of mind in condoning delay which is inexorable, or where no reasons for condonation of delay are forthcoming in the order passed by the Court below, that an Article 227 Court would ordinarily interfere.”

“Once a party succeeds in a suit, and obtains a decree in her/his favour, the effort of the Court has, at all times, to see that the decree is executed and that execution of the decree is not impeded or hindered on technical considerations. The approach that the Court adopts during the course of trial in a suit is qualitatively different from the approach to be adopted while dealing execution proceedings.”

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Keywords

Discretionary Order Condoning Delay, Supervisory Jurisdiction

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