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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V.JAYAKUMAR
Kallettumkara Service Co-Operative Bank Ltd No. – Appellant
Versus
State Of Kerala, Represented By Its Secretary Co-Operative Department – Respondent
ORDER :
K. V. Jayakumar, J.
1. This Civil Miscellaneous Application is filed by the review petitioner under Section 5 of the Limitation Act, 1963 to condone the delay of 250 days in filing the Review Petition No.1227/2025 impugning the judgment in W.A.No.1858 of 2024 dated 09.12.2024
2. The reasons for the delay in filing the review petition are stated in paragraphs 3 and 4, which read as follows:
“3. This Hon'ble Court passed the judgment on 09.12.2024.
Online application for certified copy of the judgment was submitted and delivered only on 15.09.2025. The Review Petition ought to have been filed without delay on or before 08.01.2025. The Review Petition filed only on 15.09.2025. Thus there is a delay of 250 days in filing the Review Petition.
4. It is submitted that following the directions contained in the impugned judgment, the Bank has provided sufficient and reasonable opportunities to the 7th respondent to bring a private buyer. The 7th respondent neither brought a private buyer nor remitted any single penny towards the loan account. The review petitioner Bank also provided another opportunity by issuing a demand notice dated 13.08.2025 to the 7th respondent to clear off the enti
The main legal point established in the judgment is the requirement for a bona fide explanation for delay in filing applications under Section 5 of the Limitation Act, 1963. The court emphasized the ....
The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act, 1963, to advance substantial justice.
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