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DEVASHIS BARUAH
Askar Ali S/o Late Bodial Sheikh – Appellant
Versus
Nobiullah Sheikh – Respondent
JUDGMENT :
This is an appeal under Section 100 of the Code of Civil Procedure 1908 (for short, the Code) challenging the order dated 24.03.2022 passed in Title Appeal No.16/2021 whereby the application under Section 5 of the Limitation Act, 1963 (for short, the Act of 1963) registered as Petition No.4947/21 dated 21.12.2021 was rejected thereby the accompanying appeal which was filed being Title Appeal No.16/2021 was dismissed being barred by limitation. The consequential effect is that the judgment and decree dated 25.01.2021 in Title Suit No.236/2015 was affirmed.
2. This Court vide an order dated 03.05.2024 had admitted the instant appeal by formulating the following substantial question of law:
3. The question arises in the instant proceedings as to whether the learned First Appellate Court i.e. the Court of the learned Civil Judge, Dhubri was justified in rejecting the application for condonation of delay taking into acc
The principle of liberal construction in delay applications under limitation laws emphasized by the court.
Setting aside or refusing to set aside arbitral award under Section 34 of Act and an appeal lies where an order is passed under Section 34.
Point of law: While considering the application for condonation of delay no straight jacket formula is prescribed to come to the conclusion if sufficient and good grounds have been made out or not. E....
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
The main legal point established in the judgment is the strict construction of Section 3 and liberal construction of Section 5 of the Limitation Act, 1963, emphasizing that rights accrue based on Sec....
The delay in filing an appeal should be condoned in the interest of justice, where there is no gross negligence or deliberate inaction by the appellant. The expression 'sufficient cause' in Section 5....
The Court has the authority to exercise liberal discretion in condoning delays due to mistaken legal advice in appeal cases under the Limitation Act.
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