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2024 Supreme(Ker) 101

A. BADHARUDEEN
State of Kerala, Represented by the District Collector, Palakkad – Appellant
Versus
K. Aravindakshan Pillai, S/o. Krishna Pillai – Respondent


Advocates Appeared:
For the Appellant : Sri. Denny K. Devassy, SR.Government Pleader.
For the Respondent: P.B. Subramanyan, P.B. Krishnan, Sabu George, Manu Vyasan Peter.

JUDGMENT :

The State of Kerala represented by the District Collector, Palakkad and others are the appellants, who are the defendants in O.S.No.336/2005 on the files of the Additional Munsiff's Court, Palakkad, in this regular second appeal filed under Section 100 read with Order XLII Rule 1 of the Code of Civil Procedure, 1908. The sole respondent herein is the original plaintiff.

2. Heard the learned Government Pleader appearing for the appellants and the learned Senior Counsel appearing for the respondent in detail.

3. I shall refer the parties in this regular second appeal as 'plaintiff' and 'defendants' for convenience.

4. On hearing both sides, the following substantial questions of law raised and the appeal is admitted :

    1. Whether the appellants herein established 'sufficient cause' to condone delay in filing A.S.No.101/2021 before the District Court, Palakkad, as contended in I.A.No.1/2021 in the said appeal, within the mandate of Section 5 of the Limitation Act ?

2. While considering the impact of Section 5 of the Limitation Act, any concession or leeway to be provided to the State where the laches of the officials to secure unholy gains are apparent?

5. The learned Government Pl

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