Facts
- The petitioner filed an application for restoration in 1993 after the Trial Court dismissed the application in 2000 under the wrong rule of CPC.
- The appeal was dismissed in 2003, leading to the filing of a restoration application
- Difficulties in serving respondent no.8 due to name change issue delayed the proceedings
- An application for a name change of respondent no.8 was made in 2005, but the petition was dismissed due to a peremptory order
- Various petitions and applications were filed for restoration and condonation of delay, with mixed results over the years
- The petitioner filed a Special Leave Petition against the dismissal of the revision petition in 2015
- A series of setbacks including dismissals and delays in the case continued to occur over the years
- The High Court order dated 05.11.2014 dismissed the application for restoration.
Also Read: Legal Analysis in Civil Appeal Case
Analysis
- The suit was filed in 1982 but never progressed as summons were not issued.
- The case has been pending since 2015.
- The delay in the case indicates a systemic issue that needs to be addressed.
- Multiple attempts were made to hear the case between 2015 and 2024, but incomplete notice to respondents caused delays.
- Accepting and continuing with the current situation poses a danger to the effectiveness of the court system.
Also Read: Ensuring Procedural Integrity in Environmental Safeguarding
Decision
- The suit is virtually become infructuous for more than one reason.
- The Special Leave Petition has been dismissed.
Also Read: Clarification on Advertisement for Lecturer Post in Home Science
Case Title: OMDEO BALIRAM MUSALE Vs. PRAKASH RAMCHANDRA MAMIDWAR . (2024 INSC 93)
Case Number: SLP(C) No.-011258-011258 / 2015