2000 (4) TMI 860 - SC - Indian Laws

Delayed appeal beyond limitation without Section 5 condonation application: appellate authority lacked power to hear, dismissed time-barred.

The dominant issue was whether the appellate authority could entertain and allow an appeal filed beyond limitation without any application under Section 5 ... - A co-sharer executed a sale deed in favour of the appellant. Another alleged co-sharer instituted a suit for pre-emption, which was decreed by the competent authority. The appellant's appeal to the appellate revenue authority was filed 'beyond time by 10 days' and admittedly no application under Section 5 of the Limitation Act was moved for condonation of delay. Despite this, the appellate authority allowed the appeal; a further revision was dismissed by the revisional authority. In writ proceedings, the High Court set aside the appellate and revisional orders on the ground that, absent a Section 5 application, the time-barred appeal could not be entertained. The Supreme Court affirmed, holding that where limitation is admitted and no condonation is sought, 'there was no jurisdiction' to allow the appeal; it 'was liable to be dismissed on the ground of limitation.' The revisional authority's view that delay could be 'deemed to have been condoned' without a formal application was held 'patently erroneous.' The impugned High Court judgment was upheld and the appeal dismissed.