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Nagindas Motilal vs Nilaji Moroba Naik on 7 March, 1924

30. Martin and Pratt, JJ., in their judgments in the case of Nagindas Motilal v. Nilaji Moroba A.I.R. 1924 Bom.399 have pointed out how this strict rule has been subsequently relaxed and the Supreme Court Rules of Practice 1883 have been amended resulting in such decisions as Baker v. Faber [1908] W. N. 9 and Rumbold v. London County Council and Scott [1909] 100 L. T. 259. There can be no doubt that litigants in this country are, more often than not treated with greater indulgence in the matter of delay, when it is a question whether it should be excused or not under Section 5, Lim. Act,, on the ground of erroneous advice given by a lawyer. The explanation to Section 5 of the Act itself suggests it and there are decisions expressly laying this down.
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