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ASHOKKUMAR C. JOSHI
Sheikh Zarinabanu Mohammad Nisar – Appellant
Versus
Risaldaar Rihanabanu Illiyaskhan – Respondent
JUDGMENT :
1. Rule.
2. This petition under Article 227 of the Constitution of India is directed against an order dated 09.11.2020 passed by the learned 22nd Additional Senior Civil Judge, Surat in Misc. Civil Application (Delay) No. 59 of 2018. By the said application, the petitioner had prayed for to condone the delay of 82 days caused in preferring the suit for implementation of the Promissory Note, which came to be rejected vide impugned order.
3. Though duly served and sufficient opportunity was given to the respondents, they put in no appearance, leaving no option but to proceed with the matter.
4. Heard, learned advocate Mr. Sikander Saiyed for the petitioner.
4.1 The learned advocate for the petitioner vehemently submitted that the impugned order suffers from material illegality and perversity inasmuch as, the learned trial Judge has failed to take into consideration the provisions of the Limitation Act, 1963 (the Act) in true and proper perspective. He submitted that while dealing with the application in question, the learned trial Judge has only considered the provisions of Section 3 of the Act and has not considered Section 5 of the Act, which clearly stipulates that any appea
The main legal principle established is that delay in filing appeals should be condoned when sufficient cause is shown, especially to advance substantial justice. The discretion to condone delay shou....
The main legal point established in the judgment is that the delay in filing an appeal must be accompanied by a sufficient cause and a demonstration of diligence in pursuing the remedy, as negligence....
The main legal point established in the judgment is the limited scope of the High Court's jurisdiction under Article 227 of the Constitution of India, emphasizing that the High Court cannot act as a ....
The judgment emphasized the mandatory nature of the 120-day limitation for filing a written statement and the lack of discretion for condonation of delay, as supported by relevant legal provisions an....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, particularly Rule 3, Order 39, which mandates the court to give notice of the application for inte....
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