M. S. SONAK
Deputy Collector – Appellant
Versus
Domingos Jose – Respondent
JUDGMENT
1. Heard Ms. S. Pinto for the applicants in both these applications. Mr. J.A. Lobo for the respondents in Misc. Civil Application No.20/2021 and Ms. Sampada Poll for the respondents in Misc. Civil Application No.21/2021.
2. Both these Misc. Civil Applications seek condonation of delay of 86 days in instituting the Civil Revision Applications.
3. Ms. S. Pinto points out that after the impugned order dtd. 7/1/2019 was made a review was applied. She points out that there was some issue of certified copy and, thereafter, the matter had to move to various officers to seek opinion and approvals for instituting these revision petitions. She points out that the issues in both these matters concern calculations of compensation and some time was spent for that purpose as well. She submits that there are no malafides involved and sufficient cause has been shown.
4. Mr. Lobo and Ms. Sampada Poll pointed out that the applicants have delayed payment of compensation for the lands which they have acquired. They pointed out that calculations were accepted by the State and based thereon the execution proceedings were also disposed of. They pointed out that an application was made by them to
The court may condone delay in instituting applications if sufficient cause is shown, and any potential prejudice to the respondents can be compensated by awarding costs.
Revision – Condonation of delay – Delay of 98 days – Condoned
Delay in filing civil revisions can be condoned if sufficient cause is shown under Section 5 of the Limitation Act, emphasizing a justice-oriented approach.
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act, 1963, to advance substantial justice.
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