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DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Shanti Devi – Appellant
Versus
Safdarjung Hospital – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay allowed. (Para 1 , 2 , 3) |
| 2. liberty reserved for civil suit on damages. (Para 4) |
| 3. court's refusal to entertain appeal on disputed facts. (Para 5) |
| 4. liberty to approach appropriate forum for damages. (Para 6) |
| 5. no opinion on the merits; decision based on law. (Para 7) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)--Proceedings have been conducted through video conferencing.
CM APPL. 23437/2021 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
CM APPL. 23436/2021 (Condonation of delay)
1. Present application has been preferred under Section 5 of the Limitation Act read with Section 151 CPC seeking condonation of delay of 694 days in filing the present appeal.
2. Having heard learned counsels for the parties and looking to the reasons stated in the application, we are of the view that the Appellant has made out a sufficient cause for condonation of delay in filing the appeal. The delay of 694 days is hereby condoned.
3. Application is allowed and disposed of.
LPA 215/2021
4. At the outset learned counsel appearing for the Appellant submits that suffice would it be for the disposal of this Letters
Delay in filing an appeal can be condoned when sufficient cause is shown; disputed questions of fact should be resolved through a civil suit rather than writ jurisdiction.
The court ruled that insufficient administrative reasons do not justify a delay of 990 days in filing an appeal, emphasizing the need for a substantial cause under the Limitation Act.
An inordinate delay in filing an appeal cannot be condoned as a matter of right without providing sufficient and satisfactory justification or cause for the delay.
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