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J. RAJENDRA
Indira Gandhi National Open University – Appellant
Versus
Jamna Lal Suthar – Respondent
ORDER
As per the record of the Registry, there is a delay of 428 days in filing this Revision Petition. Accordingly, IA No. 5741 of 2024 has been filed by the Petitioners seeking Condonation of delay. In the said IA, the petitioners submitted that the certified copy of the impugned order was received only on 23.11.2022 at IGNOU Regional Centre, Jaipur as forwarded the University’s Advocate Shri NS Yadav who was defending the present matter before the learned SCDRC, Jaipur and, thereafter, since the issue involved a concerning issue, it took some time to seek instructions and gather information from the appropriate authority of the petitioners, to prepare and finalize the petition and, therefore, the petition could not be prepared and filed in this Commission within time. However, on presentation for filing, it was informed that the said petition is wrongly filed as ‘Second Appeal’. Therefore, the delay was being adjusted in the present petition under the ‘Revision’ category. They also relied upon judgment of Hon’ble Supreme Court in Civil Appeal No. 4101 of 2022 titled ‘Manager, Indusind Bank Limited & Anr. Vs. Sanjay Ghosh’ vide order dated 17.05.2022. The delay caused in filing th
‘Sufficient Cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part & applicant must satisfy that he was prevented by any “sufficient caus....
(1) Each day’s delay - The petitioner failed to explain or show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertai....
“Sufficient Cause”- ‘sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and that the applicant must satisfy that he was pr....
(1) Protracted delay - The petitioner failed to show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertains to the d....
1. Limitation - Limitation has to be applied with all its rigour when the statute so prescribes, though it may harshly affect a particular party. 2. Condonation of delay - Condonation of delay is not....
Condonation of delay is not a matter of right and the applicant has to set out the care showing sufficient cause which prevented them to come to the commission.
(1) Where case has been presented in court beyond limitation, applicant has to explain the court as to what was the “sufficient cause” which prevented him to approach court within limitation.(2) When....
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