REGENT COMPUTRONICS PVT. LTD.

Moin Gulam Mayuddin Badshah Appellant

V/S

Joravarkhan Jamilkhan Pathan Respondents

Referred Judgements :-

MELA RAM AND SONS VS. COMMR OF INCOME TAX PUNJAB [REFERRED TO]
SHEODAN SINGH VS. DARYAO KUNWAR [REFERRED TO]
BOARD OF REVENUE MADRAS VS. RAJ BROTHERS AGENGIES [REFERRED TO]
STATE OF GUJARAT VS. SAYED MOHAMMAD BAQUIR EL EDROSS [REFERRED TO]
RANI CHOUDHURY VS. LT COL SURAJ JIT CHOUDHURY [REFERRED TO]
ESSAR CONSTRUCTION VS. N P RAMA KRISHNA REDDY [REFERRED TO]
RATANSINGH VS. VIJAYSINGH [REFERRED TO]
P KIRAN KUMAR VS. A S KHADAR [REFERRED TO]
SHYAM SUNDER SHARMA VS. PANNALAL JAISWAL [REFERRED TO]
SHYAM SUNDER SHARMA VS. PANNALAL JAISWAL [REFERRED TO]
PUSHPABEN BALWANTRAI VS. NANDKUMAR RAMANLAL [REFERRED TO]
MAMUDA KHATEEN VS. BENIYAN BIBI [REFERRED TO]
K K PORBUNDERWALLA VS. COMMISSIONER OF INCOME TAX BOMBAY CITY [REFERRED TO]
THAMBI VS. MATHEW [REFERRED TO]
ESHA BHATTACHARJEE VS. MANAGING COMMITTEE OF RAGHUNATHPUR NAFAR ACADEMY [REFERRED TO]
SHARDABEN MOHANBHAI PATEL VS. NARANBHAI BHIKABHAI PATEL [REFERRED TO]
ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY AND ANOTHER VS. GOPI CHAND ATREJA [REFERRED TO]

JUDGEMENT

(1.) Rule. Learned advocate Mr. M.M.Saiyed waives service of rule on behalf of contesting respondents.

(2.) Succinctly stated facts of the case are as under :-

(3.) Learned advocate Mr.M.M. Saiyed for respondent nos.1,3 and 4 at the outset referring judgment in the case of Shyam Sunder Sarma v/s. Pannalal Jaiswaland [2005 (1) SCC 436 : AIR 2005 SC 226] raised preliminary objection with regard to maintainability of the petition under Article 227 of the Constitution of India inter-alia on the ground that dismissal of the application for condonation of delay would also dispose of the appeal on merits and as such judgment and order passed in application denying condonation of delay would amount to decree. Further contention is raised that if condonation of delay is denied for first appeal, judgement and order passed therein has force of decree and thus is amenable for challenge in Second Appeal.

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MOIN GULAM MAYUDDIN BADSHAH Vs. JORAVARKHAN JAMILKHAN PATHAN

Referred Judgements :-

JUDGEMENT

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