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MARLI VANKUNG
Union of India – Appellant
Versus
Rohmingliana – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. Sanjay Kumar Medhi, learned counsel for the applicants alongwith Mr. L.H. Lianhrima, learned senior counsel representing respondent Nos. 1-100 and Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram appearing for respondent Nos. 102-106.
2. This is an application under Order XLI Rule 3A of the Code of Civil Procedure read with Sec. 5 of the Limitation Act for condonation of 1411 days in preferring the appeal.
3. Mr. S.K. Medhi, learned counsel for the applicants submits that the appellants/applicants have preferred an appeal against the Judgment and Order dated 6/10/2017 passed by the learned Senior Civil Judge, Aizawl in Civil Suit No. 29 of 2013, whereby the Senior Civil Judge decided all the issues in favour of the plaintiff (the respondents in the instant case) and passed the following order:
The statutory provision of limitation is to be enforced with all its rigour, and inconvenience is not a decisive factor to be considered while interpreting a statute.
Point of Law : Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.” The statutory provision may cause hardship or inconvenience to a part....
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
substantial delay cannot be condoned by mere shifting of the blame on the counsel since the parties are required to keep track of the matter and there was also negligence on the facts of that case de....
A government body cannot benefit from its own negligence; explanations for condonation of delay must be reasonable, and inordinate delay jeopardizes the rights of others.
Point of law : Delay which has occurred at two (2) stages as noticed hereinabove, has not been explained and there is no cause muchless sufficient cause if shown.
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
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