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SANJAY KUMAR MEDHI, KAKHETO SEMA
Refill Star Pakyntein S/o. D. Early Peace – Appellant
Versus
Jaya Arora D/o. Darshan Lal Arora – Respondent
JUDGMENT :
(S.K. Medhi, J.)
The instant application has been filed under Section 5 of the Limitation Act , 1963 for condonation of delay of 21 days in filing the connected appeal against the judgment dated 12.06.2024 and order dated 14.06.2024 passed in F.C.(Civil) No. 427/2011 by the learned Principal Judge, Family Court -2, Kamrup (Metro).
2. We have heard Ms. P. Chakraborty, learned counsel for the applicant. We have also heard Ms. P. Talukdar, learned counsel for the respondent.
3. Ms. Chakraborty, the learned counsel for the applicant has submitted that the delay in the instant case is only 21 days and the reasons for the same have been adequately pleaded in the application, more specifically paragraphs 13, 14 and 15 thereof. It is submitted that the instant appeal has been preferred qua a judgment passed by the learned Family Court in a suit filed by the applicant for annulment of the marriage. It is submitted that though the impugned judgment was passed on 14.06.2024 and the certified copy was applied for on 15.06.2024, due to the fact that the applicant is ordinarily residing in the State of Meghalaya, he could not come to c
The court emphasized a liberal approach to condonation of delay in appeals, especially when the delay is short and sufficient cause is shown.
Appeal – Limitation – Pragmatic and justice-oriented approach is required in adjudication of such application for condonation of delay – Delay of 21 days cannot be termed to be inordinate one.
Inordinate 168-day delay in matrimonial appeal not condoned; misconception of limitation period and bicycle injury deemed insufficient cause due to negligence, lack of diligence and bona fides.
Inordinate 211-day delay in divorce appeal not condoned; illness, financial hardship and distant work held insufficient cause lacking diligence and bona fides, despite knowledge of judgment.
The main legal point established in the judgment is the need for a liberal approach in condonation of delay, while also emphasizing the requirement for a genuine and acceptable explanation for the de....
The principle that a party must provide a sufficient and bona fide explanation for any delay in filing an appeal, particularly when the party is educated in law, is crucial for the court's discretion....
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
The expression “sufficient cause” cannot be liberally interpreted if negligence, inaction or lack of bona fides is attributed to the party.
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