‘Delay’ not to be condoned merely because the applicant is the State

The Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court comprising of Justices S.C. Dharmadhikari and Dr. Shalini Phansalkar Joshi has observed while refusing to condone the delay by the Government in preferring Appeals. The Bench also observed that merely because applicant is a State, delay in filing appeals cannot be condoned without a proper explanation as Section 5 of the Limitation Act is equally applicable to the State as well.

Article referred: http://www.livelaw.in/govt-model-ideal-litigant-delay-not-condoned-merely-applicant-state-bombay-hc/

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Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

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