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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN, J
Jaiby Jose S/o Jose Mani – Appellant
Versus
Manager Kshemavilasam Kuri Company Ltd, – Respondent
JUDGMENT :
In R.F.A.No.187 of 2024, defendants 1 to 3 in O.S.No.197 of 2002 on the files of the Sub Court, Muvattupuzha, assail decree and judgment in the said suit dated 01.07.2003. This appeal has been filed along with C.M.Appl.No.1 of 2024 seeking condonation of delay of 7611 days in filing the appeal.
2. R.F.A.No.192 of 2024 also is at the instance of the same appellants and in this appeal they impugn judgment in O.S.No.195 of 2002 dated 01.07.2003. This appeal has been filed along with C.M.Appl.No.1 of 2024 seeking condonation of delay of 7583 days in filing the appeal.
3. The same appellants filed R.F.A.No.193/2024 challenging decree and judgment in O.S.No.198/2002 dated 01.07.2003. This appeal has been filed along with C.M.Appl.No.1 of 2024 seeking condonation of delay of 7611 days in filing the appeal.
4. The same appellants filed R.F.A.No.196 of 2024 challenging decree and judgment in O.S.No.196/2002 dated 01.07.2003. This appeal has been filed along with C.M.Appl.No.1 of 2024 seeking condonation of delay of 7619 days in filing the appeal.
5. Heard the learned counsel for the petitioners/appellants as well as the sole respondent in all these appeals and the respondent in all th
Sufficient cause must be shown for condoning delay in appeals; mere allegations of fraud without detailed substantiation are inadequate.
The court ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
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) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
(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....
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