1995 (3) TMI 504

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....nationalised bank. It presented Civil Suit No. 2-B/1979 for recovery of Rs. 44,058.00 from the respondents which was dismissed on 30-3-1988 by IIIrd Additional Judge to the Court of District Judge, Bilaspur on merits. An appeal against that judgment and decree was presented before this Court on 8-8-1988. It ought to have been presented latest on 6-8-1988 which was the last date of limitation. 7-8-....

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....SC 1666) the delay ought to have been condoned as there was no mala fide. In that case, the petitioner was M/s. Concord of India Insurance Co. Ltd. The special leave petition was filed against the refusal of the High Court to condone the delay of 30 days in presenting the appeal. The ground taken was counsel's mistake in calculating the period of limitation. The High Court took the view that t....

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....n underhand way. The facts of the present case are somewhat similar. The affidavit sworn by the learned counsel shows that he had received the file on 3-8-1988, but was misled by the information received from his client that the limitation was available till 8-8-1988. Thus though the limitation was available only up to 6-8-1988 he was misled by the said information and filed the appeal on 8-8-1988....