VIKRAM NATH, SANDEEP MEHTA
Kumari Sahu – Appellant
Versus
Bhubanananda Sahu – Respondent
| Table of Content |
|---|
| 1. details of the appeal and procedural history (Para 2 , 3 , 4 , 5 , 6) |
| 2. justification for delay and reliance on counsel (Para 9 , 10) |
| 3. judicial perspective on counsel's responsibility (Para 11 , 12 , 13) |
| 4. condonation of delay granted (Para 14 , 15) |
| 5. case to be decided on merits by the high court (Para 16 , 17) |
ORDER :
1. Leave granted.
2. The instant appeal has been preferred by the appellant against the dismissal of Regular Second Appeal No. 202 of 2022 by the High Court of Orissa vide order dated 10.01.2023 on the sole ground of delay of 225 days in preferring such appeal being non-condonable.
3. The appellant is the original plaintiff in Civil Suit bearing C.S. 71 of 2013 filed before the Ld. Senior Civil Judge, Chatrapur, wherein the appellant had sought declaration as herself being the legally married wife of Late Raj Kishore Sahoo and to further declare respondents no. 1, 2 and 3 are the sons and daughters of Late Raj Kishore Sahoo. The appellant had also sought a declaration that the instant respondents no. 4 and 5 are respectively not the legally married wife and daughter of Late Raj Kishore Sahoo. The appellant’s suit was dismissed by the Senior Civil Jud
The court condoned the delay in filing a second appeal due to counsel's fault, emphasizing that clients should not suffer for their advocate's inaction, reinforced by socio-economic considerations.
Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribes – Courts have no power to extend period of limitation on equitable grou....
Point of Law : “Sufficient cause” is decisive factor while condoning delay.
A mere claim of Counsel's neglect does not suffice for condonation of delay without establishing sufficient cause; litigants maintain responsibility for timely action.
The expression “sufficient cause” cannot be liberally interpreted if negligence, inaction or lack of bona fides is attributed to the party.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.