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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
BUDI HABUNG
Solim Manyu S/o. Late Gojolum Manyu – Appellant
Versus
Benglum Manyu S/o. Late Tapingso Manyu – Respondent
JUDGMENT & ORDER :
BUDI HABUNG, J.
Heard Mr. C. Modi, learned counsel for the petitioner. Also heard Mr. T. Pertin, learned counsel for the sole respondent.
2. The present civil revision petition is filed under Article 227 of the Constitution of India, read with Section 115 of the Code of Civil Procedure, 1908, challenging the judgment dated 23.12.2024 passed by the learned Civil Judge (Senior Division), Tezu, Lohit District [in short ‘learned Appellate Court’] in Misc. Petition No.01/2024 in Title Appeal No.01/2024, whereby the application for condonation of delay of 804 days in filing the connected civil appeal against the Kebang decision dated 17.04.2022 was rejected.
3. The learned Appellate Court (Civil Judge) while rejecting the petition under section 5 of the Limitation Act recorded its finding that there was an inordinate delay of about 804 days in filing the appeal. The petitioner has not furnished proper explanation; he did not apply for a certified copy of the impugned Kebang decision within reasonable time; the applicant failed to show due diligence, thereby slept over his right. As such, no sufficient cause was made out for condonation of delay.
4. Assailing the said orde
A revision under Article 227 does not lie against the refusal to condone delay in filing an appeal when no jurisdictional error is established; timely filing of appeals is essential.
The main legal point established in the judgment is the application of the principles of condonation of delay, emphasizing a liberal, pragmatic, justice-oriented approach and the elastic nature of th....
The court upheld the condonation of delay in filing an appeal, emphasizing a liberal approach in light of the COVID-19 pandemic and prior court directions.
Diligence and urgency are crucial in pursuing legal remedies, and the absence of satisfactory explanation and good faith may lead to the dismissal of an application for condonation of delay.
The law of limitation is based on the principle that parties should seek their remedy promptly, and the courts are not to extend the period of limitation on equitable grounds.
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