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KARDAK ETE
Charu Tamam – Appellant
Versus
Charu Tana, Son of Late Charu Talang – Respondent
JUDGMENT :
(Kardak Ete, J.)
Heard Mr. K. Taja, learned counsel for the petitioners. Also heard Mr. G. Riba, learned counsel for the respondents.
2. By filling this Revision Petition, the petitioners have assailed the order dated 28.03.2023, passed by the learned District Judge, Ziro in IA (Z) No.14/2022, in Civil Appeal (Z) No.12/2022, by which, the delay of 184 (one hundred eighty four) days in filing the Civil Appeal has been condoned.
3. The case of the petitioners, shorn of unnecessary details, is that the petitioners and respondents have dispute over the plot of land, termed as ‘Tamar Land’, located at Chambang in Kra Daadi District, Arunachal Pradesh. The dispute was referred to the forum of Mel, which was conducted on 29.01.2022, whereby the land in question has been declared to be the land of Abu Tamo family i.e. the great grandfather of the petitioners. Being aggrieved, the respondents have filed a Civil Appeal which has been registered as Civil Appeal (Z) No.12/2022, before the Court of District Judge, Ziro. Since the appeal was not filed within the period of limitation but filed after a delay of 184 (one hundred eighty four) days, an interlocutory application being IA (Z) N
The discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.
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