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A. BADHARUDEEN
Subashini P. W/o. Sahadevan – Appellant
Versus
Vijayalakshmi D/o. Perachan – Respondent
JUDGMENT
Crl.M.A. No.1 of 2024 has been filed under Section 5 of the Limitation Act, 1963, with prayer to condone the delay of 1580 days in filing the appeal.
2. Heard Sri. George Sebastian, the learned counsel for the petitioners and Sri.B.G. Harindranath, the learned senior counsel appearing for respondents 2 to 4, 7 to 9, 12, 13 and 15 to 17, instructed by the respective counsel who filed vakalath for them. Also heard Sri.A. Balagopal, the learned counsel appearing for respondents 10 and 11. Perused the averments in the petition and the counter affidavits filed by the respondents.
3. This appeal has been filed on 21.02.2024 challenging the decree and judgment dated 28.07.2017 in O.S. No.3/2014 on the files of the 1st Additional Sub Court, Kozhikode. According to the learned counsel for the petitioners/appellants, delay of 1580 days occurred in preferring the appeal and the reasons for the delay have been specifically averred in paragraph Nos.5 and 6 of the affidavit in support of the petition and the same are as under:
The court ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
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 court emphasized a liberal approach in assessing sufficient cause for condonation of delay under Section 5 of the Limitation Act, particularly when the delay is marginal and does not prejudice th....
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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....
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