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2021 Supreme(SC) 829

B.V.NAGARATHNA, M.R.SHAH
Majji Sannemma @ Sanyasirao – Appellant
Versus
Reddy Sridevi – Respondent


Advocates appeared:
For the Appellant(s) :Y. Raja Gopala Rao, Advocate

Judgement Key Points

What is the scope of courts' power to extend the period of limitation on equitable grounds? How should courts exercise discretion under Section 5 of the Limitation Act, 1963 for condoning delay? What constitutes "sufficient cause" for condoning delay in filing an appeal?

Key Points: - Supreme Court allowed appeal against High Court order condoning 1011 days delay in filing Second Appeal [1000747670001][1000747670008] - Trial Court dismissed suit for injunction on 23.04.2016; First Appellate Court allowed it on 01.02.2017; certified copy ready on 10.03.2017 [1000747670001] - High Court condoned delay reasoning that appeal should be heard on merits, no wilful negligence, and imposing costs of Rs.2,000 (!) (!) (!) - No sufficient explanation in condonation application for delay after 15.03.2017 till filing in 2021; only health issues claimed from 01.01.2017 to 15.03.2017 (!) - Law of limitation must be applied with rigour; courts cannot extend period on equitable grounds (!) (!) - Discretion to condone delay under Section 5 must be exercised judiciously; "sufficient cause" not liberally interpreted if negligence or lack of bona fides (!) (!) - Delay defeats equity; courts help the vigilant, not those who slumber over rights (!) (!) - High Court failed to exercise discretion judiciously; reasoning not germane; impugned order quashed [1000747670007] - Second Appeal No.331 of 2021 dismissed on ground of delay; no order as to costs [1000747670008]

What is the scope of courts' power to extend the period of limitation on equitable grounds?

How should courts exercise discretion under Section 5 of the Limitation Act, 1963 for condoning delay?

What constitutes "sufficient cause" for condoning delay in filing an appeal?


JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned order dated 16.09.2021 passed by the High Court of Andhra Pradesh at Amaravati in I.A. No.1 of 2021 in Second Appeal No.331 of 2021 by which the High Court has condoned a huge delay of 1011 days in preferring the Second Appeal, the appellant original plaintiff - respondent before the High Court, has preferred the present appeal.

2. That the appellant herein - original plaintiff filed a civil suit being O.S. No. 40 of 2013 for permanent injunction against the respondents herein - original defendants. That the Trial Court dismissed the said suit by judgment and decree dated 23.04.2016. That the First Appellate Court allowed the suit by quashing and setting aside the judgment and decree passed by the Trial Court, by judgment and decree dated 01.02.2017. That the original defendants - respondents herein applied for the certified copy of the judgment and order on 04.02.2017. The same was ready for delivery on 10.03.2017. That after a period of approximately 1011 days, the respondents herein - original defendants preferred the Second Appeal before the High Court. Application to condone the delay was also filed

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