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Bombay High Court

PANNALAL KALLUPRASAD NIRMALversusRAJKUMARI RAMPYARE NIRMAL

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay in filing the civil revision application and allowed the interim application.

Summary

The applicant, Pannalal Kalluprasad Nirmal, sought condonation of a 23‑day delay in filing a civil revision against a decree dated 31 August 2023. He had mistakenly filed an appeal before the District Court, believing that an appeal under Section 6 of the Specific Relief Act, 1963 was maintainable there. Upon realizing the error, he obtained permission from the District Judge to withdraw the improper proceeding and file the correct revision. The High Court examined whether the delay could be condoned given the applicant’s good‑faith mistake and the need to serve substantive justice. It held that the delay was excusable and that the revision should be allowed to proceed. Accordingly, the interim application was allowed, the delay was condoned, and the revision was scheduled for admission.

Issues considered

  • Whether a civil revision application filed after a delay can be condoned when the delay resulted from a mistaken belief about the maintainability of an appeal under Section 6 of the Specific Relief Act, 1963.

Legislation cited

Subjects

  • condonation of delay
  • civil revision
  • Specific Relief Act
  • appeal maintainability
  • procedural law
  • substantive justice

Judgment

                                                      6 IA-13850-25.DOC

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

           INTERIM APPLICATION NO. 13850 OF 2025
                             IN
      CIVIL REVISION APPLICATION (ST) NO. 30131 OF 2025

Pannalal Kalluprasad Nirmal                            ..Applicant

        Versus

Rajkumari Rampyare Nirmal & ors.                   …Respondents


Ms. Poonam K Pal, i/b Mr. Sachin Hande, for the Applicant.

Mr. B K Bali a/w Ms. Veena Nair i/b Bali Associates, for
     Respondent No.1.

                           CORAM :       N. J. JAMADAR, J.
                           DATE    :     01st September 2026

P.C.:

1.      Heard Ms. Pal, the learned Counsel for the Applicant, and

Mr. Bali, the learned Counsel for the Respondent No.1.

2.      This is an application for condonation of delay in

preferring the Civil Revision Application against a judgment and

decree dated 31st August, 2023 passed by the Civil Judge, Senior

Division, Kalyan in RCS No.172/2008.

3.      It appears that, against the said judgment and decree, the

applicant had inadvertently filed a proceeding before the District

Court in the nature of an appeal with an application for

condonation of delay of 23 days. When it was realized that,

SAINATH, PA                        1/3
                                                             6 IA-13850-25.DOC

against an order passed by the Court under Section 6 of the

Specific Relief Act, 1963, an appeal is not maintainable, an

application       was    filed   before   the   District   Judge,   seeking

permission to withdraw the application and file an appropriate

proceeding before the appropriate forum.

4.     By an order dated 10th January, 2025, the learned District

Judge permitted the applicant to withdraw the application with

liberty to file an appropriate proceeding.

5.     It appears that, the applicant had moved the District

Court under a wrong impression that, an appeal against the

decree passed by the trial Court under Section 6 of the Specific

Relief Act, 1963 was maintainable before the District Court. As

the said proceeding was prosecuted in good faith under an

incorrect impression about the maintainability of the appeal,

and to advance the cause of substantive justice, this Court

considers it appropriate to condone the delay in filing the

revision application.

6.     Hence, the following order :-

                                   ::ORDER::

              (i) The Interim Application stands allowed.

              (ii) The delay in filing the Civil Revision Application

              stands condoned.


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                                                       6 IA-13850-25.DOC

              (iii) The Civil Revision Application be listed for

              admission as a fresh matter on 07 th September,

              2026.




                                            [N. J. JAMADAR, J.]




SAINATH, PA                           3/3


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