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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Lalengliani W/o Ramdingliana (L) – Appellant
Versus
David Lallawmawma S/o C. Hrangkunga – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. C. Lalfakzuala, learned counsel for the appellant and Mr. Z. Hnamte, learned counsel for the respondents.
2. This second appeal, under Section 100 of the C.P.C., is directed against the order dated 30.07.2024, passed by the learned Additional District Judge No. III, Aizwal, in CMA No. 185/2024 arising out of RFA No. 05/2024 and order dated 30.07.2024, passed in RFA No. 05/2024.
3. It is to be noted here that vide order dated 30.07.2024, the learned Additional District Judge No. III, Aizwal has rejected the petition filed by the appellant for condonation of delay of 1320 day in filing the connected RFA No. 05/2024.
Background facts:-
4. The background facts leading to filing of this present appeal are briefly stated as under:-
“The husband of the appellant herein, namely, Late Ramdingliana was the owner of a plot of land measuring 0.06 bigha, 81.85 square meters and LSC No. 282 of 1981 was issued to him. The husband of the appellant, suffered demise on 19.08.2009 and being the legal heir, the appellant kept the original copy of the LSC No. 282 of 1981 in her safe custody.
But, at the time of Covid-19, while she was admitted in hospital, she
The court emphasized that the approach to condonation of delay should be liberal and justice-oriented, focusing on the explanation provided rather than the mere length of delay.
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
The court emphasized that while condoning delay, a pragmatic approach must balance the rights of parties, and costs may be imposed to ensure fairness.
The Court must balance the need for substantial justice against the necessity of adhering to procedural timelines, requiring satisfactory explanations for delays.
The importance of truthfulness and genuineness in setting out the grounds of delay in an application for condonation of delay.
The court emphasized the importance of establishing joint family property and the need to satisfactorily explain inordinate delay in filing an appeal, as per Sec. 96 of CPC and Sec. 51 of the Limitat....
Limitation - Condonation of delay - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribe and Courts have no power to extend p....
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