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DELHI HIGH COURT
SURESH KUMAR KAIT, SUDHIR KUMAR JAIN
Kolkata Municipal Corporation – Appellant
Versus
Rana Charis – Respondent
| Table of Content |
|---|
| 1. appeal challenging delay in filing (Para 1 , 2 , 3) |
| 2. arguments on sufficiency of cause for delay (Para 4 , 10 , 22) |
| 3. interpretation of sufficient cause under limitation act (Para 5 , 6 , 11) |
| 4. judicial discretion on condonation of delay (Para 8 , 9) |
| 5. outcome of the appeal (Para 12 , 45) |
| 6. factual background of the suit (Para 14 , 15) |
| 7. court’s view on jurisdiction and cause of action (Para 16 , 19 , 25) |
| 8. jurisdictional principles applied (Para 29 , 30 , 31) |
| 9. nature of parties involved in the suit (Para 41 , 42 , 43) |
JUDGMENT
Sudhir Kumar Jain, J.
CM No. 3306/2019 in RFA No. 8 /2019 (For condonation of delay)
1. The appellants have filed the present appeal challenging the judgment and decree dated 17.09.2015 passed by the learned Single Judge of this court in Civil Suit No. 1090/2013 titled as M/s Rana Chairs Vs Director General (Town Planning), Kolkata Municipal Corporation & others after delay of 1150 days.
2. The appellants filed the present application under Section 5 of Limitation Act, 1963 for condonation of delay of 1150 days in filing present appeal. The appellants pleaded that appellant no. 1 did not participate in the proceedings pertaining to su
The principles governing condonation of delay emphasize the necessity of showing sufficient cause, where ignorance or negligence of parties is insufficient to justify delays in legal proceedings.
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
A party's consistent efforts to negotiate and explain delays in legal proceedings can warrant the condonation of delay if sufficient cause is established, especially concerning property rights.
High Court's jurisdiction to entertain a writ petition under Article 226 is contingent upon the presence of a cause of action within its territorial limits, as clarified by recent rulings.
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