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Management Of The Hindusthan ... vs Bhagwan Dass on 26 November, 1964 cites

The Union Of India vs Kishorilal Gupta And Bros on 21 May, 1959

Relying on the case of Union of India v. Kishorilal Gupta & Bros (1), Mr. Bhasin contends that the leave should not be revoked at this late stage. In that case, the special leave to appeal from a judgment of a single Judge of the High Court had been obtained without first appealing to an appellate Bench of the High Court. Though the leave could have been revoked, if the objection were taken at the earliest opportunity, an application for revocation of the leave made after inordinate delay was dismissed on the ground that the revocation at the late stage would prejudice the appellant; for if the objection had been taken at the earliest point of time, the appellant would have had the opportunity to prefer a Letters Patent Appeal and the appellant could not be made to suffer for the default of the respondents. In that case, the special leave had not been obtained in contravention of any mandatory rule. Moreover, the delay in filing the application for revocation had pre- judiced the appellant. In the instant case, the special leave to appeal was obtained in contravention of the mandatory provisions of 0.13, r. 2. Moreover, it is not shown that the appellant suffered any prejudice for any default of the respondent or any delay in raising the objection.
Supreme Court of India Cites 7 - Cited by 202 - Full Document
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