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KHATIM REZA
Jitendra Kumar Jha – Appellant
Versus
108 Shyamjee – Respondent
ORDER
These cases have come today under the heading “To Be Mentioned” at the instance of the appellant.
Re:- I.A. No. 8238 of 2016 in S.A. No. 345 of 2016
2. This limitation application has been filed in compliance of order dated 16.09.2016 passed by Lawazima Board regarding delay of 9 days in filing the present appeal and consequently praying for condonation of said delay, if any, as factually and legally there is no delay and the appeal has been filed well within the statutory period of limitation. Learned counsel further submitted that impugned judgment was passed on 22.04.2016 and decree was prepared and signed on 04.05.2016, the requisition for certified copy of decree under appeal was filed on 23.04.2016 and the same was made ready for supply on 27.05.2016.
3. Learned counsel for the appellant further submitted that the requisition for certified copy of decree under appeal was filed on next date of the judgment passed in this case i.e. 23.04.2016, which was supplied on 27.05.2016. The period consumed for supplying the certified copy of decree was 35 days which has not been excluded by the Stamp Reporter.
4. In the instant appeal against impugned judgment, the limitation has expire
Period of limitation – Exclusion of time – Time taken in obtaining certified copy of decree under appeal is excluded from period consumed.
An appeal must be filed within the prescribed time unless a satisfactory explanation for delay is provided; ignorance of judgment and missing documents are insufficient reasons.
The limitation period for filing an appeal against a decree is ninety days from the date of the decree, not the judgment.
The court emphasized that delays in filing appeals must be satisfactorily explained, and inaction prior to the pandemic does not qualify for condonation under the Limitation Act.
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 ruled that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals, emphasizing that the law of limitation binds all parties.
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
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