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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Rakesh Mohan Pandey, J
Harimohan S/o Budhram Vadyak – Appellant
Versus
Shrikumar Sai Chauhan S/o Kedarnath – Respondent
Order :
(Rakesh Mohan Pandey, J.)
1. The petitioner has challenged the order passed by the Principal District Judge, Janjgir-Champa (C.G.) in MJC No. 31/2024 dated 08.11.2024, whereby, the application moved by the petitioner for condonation of delay was rejected and Miscellaneous Appeal preferred under Order 43 Rule 1(c) of CPC was dismissed.
2. The facts, in a nutshell, are that the petitioner filed a Civil Suit for declaration and permanent injunction against the respondents with regard to survey Nos. 116, 358, 535/1, 885, and 2324 total admeasuring 1.63 acres situated at Village Sukulpara Kharod, Patwari Circle No. 27, Tahsil Pamgarh, District Janjgir-Champa inter alia on the ground that the original owner of the property i.e. his grandmother willed out the property in his favour. Defendant No. 1 filed a written statement. The matter was set for evidence of the petitioner on 26.06.2018 but he failed to appear; therefore, the Civil Suit No. 24A/2013 was dismissed for want of prosecution.
3. The petitioner moved an application under Order 9 Rule 9 of CPC for restoration of Civil Suit along with an application for condonation of delay and the same was dismissed by the learned Civil Jud
The court ruled that a liberal approach cannot override statutory limitations, emphasizing the need for a satisfactory explanation for delays in filing appeals.
The court established that a liberal interpretation of 'sufficient cause' is essential to uphold the principles of substantial justice in delay condonation applications.
The court established that a liberal interpretation of 'sufficient cause' is essential in delay condonation applications to ensure justice is served.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
Litigants must exercise due diligence in legal proceedings; mere negligence of counsel does not justify condoning delays in filing appeals under the Limitation Act.
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....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
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