The condonation of delay in restoring a civil suit for specific performance must be based on sufficient cause, and an exorbitant and inordinate delay without such cause can lead to the quashing of the condonation order.

Based on the legal document provided, here are the key points regarding the case of Nahani Devi & Ors. – Appellants Versus Gopal Lal Sharma & Ors. – Respondents:

Case Overview and Procedural History * The case involves a revision petition challenging an order by the Additional District Judge, Jaipur, who had condoned a 9-year delay in restoring a civil suit for specific performance (!) . * The original civil suit for specific performance and permanent injunction was instituted on 16.04.1992 based on an agreement dated 03.01.1988 (!) . * The suit was dismissed in default and for non-prosecution on 26.07.1996 because the plaintiffs failed to produce evidence or appear despite multiple opportunities (!) . * An application for restoration was filed on 08.07.2005, resulting in a delay of approximately 9 years (from 26.07.1996 to 08.07.2005) (!) . * The trial court initially dismissed the application for restoration, finding no sufficient cause for the delay (!) . * The Appellate Court quashed the trial court's order and condoned the delay, directing the trial court to decide the application afresh on merits (!) .

Facts and Conduct of Parties * There were five plaintiffs in the original suit; plaintiff No. 5 (Ram Nath) died on 02.11.2004 (!) . * The application for restoration was filed only by the natural heirs and legal representatives of the deceased plaintiff No. 5, while the other four plaintiffs (Nos. 1 to 4) did not file any application (!) . * The trial court found that the plaintiffs were negligent in prosecuting the suit, failing to lead evidence for two years, and made no attempt to restore it after its dismissal (!) . * The applicants claimed they only learned of the suit proceedings after the death of plaintiff No. 5 and shortly thereafter, but provided no explanation for the delay between the dismissal of the suit (1996) and the death of plaintiff No. 5 (2004) (!) . * The trial court noted that the applicants and other plaintiffs had jointly filed a revenue suit for permanent injunction on 13.06.2005, suggesting they were aware of the land dispute but attempted to use the death of plaintiff No. 5 to condone the delay malafidely (!) . * The Appellate Court was criticized for adopting a casual and mechanical approach, condoning the delay merely by awarding costs without finding sufficient cause or considering the negligence of the original plaintiffs (!) .

Legal Issues and Arguments * Key Issue: Whether the Appellate Court committed material illegality or jurisdictional error in condoning an inordinate delay of 9 years without finding sufficient cause (!) . * Petitioner's Argument: The Appellate Court erred in quashing the trial court's order because the plaintiffs were negligent, the suit had become a "dead claim," and allowing restoration without sufficient cause would be unjust (!) . * Respondent's Argument: Supported the condonation of delay, arguing that the law of limitation should be liberally construed to advance substantial justice, especially since the suit was dismissed due to the non-appearance of counsel (!) . * Statutory Framework: The case involves Order 9 Rule 9 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act, 1963 (Article 122) (!) .

Court's Findings and Ratio Decidendi * The court held that the condonation of delay must be based on sufficient cause and the facts of each case; there is no straight-jacket formula (!) . * The court found that the applicants were not acting with bona fides and did not have "clean hands," as the other plaintiffs deliberately did not join the restoration application (!) . * The 9-year delay was deemed exorbitant and inordinate, and the applicants failed to explain the delay during the lifetime of the original plaintiffs (!) . * The Appellate Court committed material illegality and irregularity by substituting its discretion over the trial court's without recording reasons or considering the peculiar facts of the case (!) . * The principle that laws of limitation are "statutes of peace" and assist the vigilant, not the negligent, was applied to reject the condonation of delay (!) .

Final Decision * The revision petition was allowed (!) . * The order of the Appellate Court (dated 23.03.2010) was quashed (!) . * The order of the trial Court (dated 13.08.2008) dismissing the application for restoration was upheld (!) . * There is no order as to costs (!) .