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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
G.BASAVARAJA
Vithal S/o Revappa Rebannavar – Appellant
Versus
Dadappa S/o Mahadeva Chikkodi – Respondent
JUDGMENT :
G. BASAVARAJA, J.
1. The appellant, who is defendant before the trial Court, has preferred this second appeal against the order dated 30th January, 2009 passed in Misc. No.30 of 2004, by the Principal Civil Judge (Sr.Dn.), Gokak on the Application filed under Section 5 of LIMITATION ACT (for short “the first appellate Court”).
2. For the sake of convenience, the parties herein are referred to as per their status and rank before the first appellate Court.
3. Brief facts leading to this appeal are that the plaintiff filed Suit for declaration and injunction in respect of suit schedule property on the basis of the Will said to have been executed by one Smt. Satyavva w/o Ramanna Babanna Baddi. Though defendant has appeared before the trial Court through his Counsel, but has not filed written statement. After recording the evidence of PW1 and 2 and production of 28 documents which are marked as Exhibits P1 to P28, suit came to be decreed with costs vide Judgment dated 16th January, 2001. Being aggrieved by this Judgment and decree, the appellant-Vittal Revappa Rebannavar who is the grandson of defendant-Bhimappa Sangappa Arabannavar has filed appeal and along with appeal he has
A party must provide substantial and convincing evidence to support a claim for condonation of delay in filing an appeal under Section 5 of the Limitation Act.
For a delay to be condoned under Section 5 of the Limitation Act, the appellant must establish sufficient cause, independent of case merits, and allegations of fraud require substantial proof.
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
The court reinforced that the burden of proving sufficient cause for delay lies with the appellant, and ignorance of a judgment is insufficient for condonation.
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
The court held that the appellants' explanation for the delay in filing the appeal was not satisfactory and that they were aware of the judgment and decree of the lower appellate court, as evidenced ....
The law of limitation must be applied rigidly, and a significant delay in filing appeals cannot be condoned without adequate and credible justification.
The delay in filing an appeal should be condoned in the interest of justice, where there is no gross negligence or deliberate inaction by the appellant. The expression 'sufficient cause' in Section 5....
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