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HARISH TANDON, PRASENJIT BISWAS
Bhagabati Mondal (Since Deceased) Dwipchand Mondal – Appellant
Versus
Ram Hari Mondal – Respondent
| Table of Content |
|---|
| 1. overview of initiation and pendency of probate case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. discussion on legal principles regarding delay. (Para 8 , 9 , 10 , 12) |
| 3. court's observations on the appellant's failure to substantiate delay. (Para 11 , 15 , 16 , 17) |
| 4. final decision regarding appeal dismissal. (Para 21 , 22) |
JUDGMENT :
PRASENJIT BISWAS, J.
1. This instant appeal has been preferred by the appellants challenging the impugned order No. 104 dated 26th February, 2013 passed by the learned Additional District Judge, First Track Court Malda in connection with Misc. Probate Case No. 20 of 1996. There is inordinate delay in filing this instant appeal.
2. It is submitted on behest of the appellants that the aforesaid Probate Case was taken for first time on 19th May, 1996 and on that day learned Trial Court directed the respondent herein to serve notice upon opposite parties to the case. Since long notices were not served upon the opposites parties/appellants (herein), direction was passed by the learned Trial Court to take appropriate steps for causing service of notice. Thereafter, Opposite Party No. 5 Sashi Bala Mondal was served with the notice and she appeared before t
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....
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
Inordinate 168-day delay in matrimonial appeal not condoned; misconception of limitation period and bicycle injury deemed insufficient cause due to negligence, lack of diligence and bona fides.
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
The principle that a party must provide a sufficient and bona fide explanation for any delay in filing an appeal, particularly when the party is educated in law, is crucial for the court's discretion....
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
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