Dr. Yashwantrao Bhaskarrao Deshmukh v. Raghunath Kisan Saindane

Limitation – Second Appeal – Application seeking condonation of delay – The High Court, while dismissing the application seeking condonation of delay in filing second appeal observed that sufficient cause for delay has not been established. The litigant, who is contesting the matter, cannot be negligent and it would be unfair to deprive the respondent, litigating for the last 17 years, of the valuable right that has accrued to him. A second appeal lies to the High Court if the High Court is satisfied that a substantial question of law is involved. the High Court erred in dismissing the second appeal solely on the ground of limitation. Therefore, the impugned judgment and order of the High Court is set­aside.