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1 - 7 of 7 (0.20 seconds)Section 5 in The Code of Civil Procedure, 1908 [Entire Act]
Article 227 in Constitution of India [Constitution]
The State Of West Bengal & Ors vs Somdeb Bandyopadhayay & Ors on 23 January, 2009
5. Learned counsel relies upon the judgments reported in 1998
DNJ [Raj.] 767 : State of Rajasthan & Ors. Vs. Smt. Usha
Sahini & Anr. and 2009 DNJ (SC) 141 : State of West Bengal
& Ors. Vs. Somdeb Bandyopadhayay & Ors. to submit that
this Court has laid down the law that if the application for
condonation of delay was not disposed of and if the case has been
finally decided, the order is required to be set aside and the case
(3 of 5) [CW-2379/2019]
is required to be sent back for decision on the application for
condonation of delay.
Alka Gupta vs Narender Kumar Gupta on 27 September, 2010
10. Since the order-sheets depicts all the stages of the case on
the application under Order IX Rule 13 CPC, the Board has also
found that the order passed by the SDO is in consonance with the
law laid down by the Hon'ble Supreme Court in the case reported
in 2011 AIR SC 9 (Alka Gupta Vs. Narender Kumar Gupta).
Sadhana Lodh vs National Insurance Company Ltd. & Anr on 24 January, 2003
13. The Board of Revenue while deciding the revision petition of
the petitioners has, therefore, dealt with all the aspects including
the application under Section 5 as well as under Order IX Rule 13
CPC and the objections raised by the petitioners and has given its
findings in detail, this Court in writ jurisdiction would not
substitute its own opinion to that of the Board of Revenue. The
limited jurisdiction of this Court has been clearly out-lined by the
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Bench of Three Judges in the case of Sadhna Lodh Vs. National
Insurance Company & Anr., reported in AIR 2003 (SC) 1561.
Relevant para 7 of the said judgment is quoted hereinbelow:-
State Of Raj & Ors vs Smt Sohini Devi & Ors on 16 July, 2008
5. Learned counsel relies upon the judgments reported in 1998
DNJ [Raj.] 767 : State of Rajasthan & Ors. Vs. Smt. Usha
Sahini & Anr. and 2009 DNJ (SC) 141 : State of West Bengal
& Ors. Vs. Somdeb Bandyopadhayay & Ors. to submit that
this Court has laid down the law that if the application for
condonation of delay was not disposed of and if the case has been
finally decided, the order is required to be set aside and the case
(3 of 5) [CW-2379/2019]
is required to be sent back for decision on the application for
condonation of delay.
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