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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL
Prabhu Lal Verma S/o Shri Devi Lal – Appellant
Versus
Khusiram S/o Shri Durga Lal – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay filed. (Para 1) |
| 2. factual history of the case and delay in appeals. (Para 2 , 6 , 8 , 9) |
| 3. court's analysis on delay condonation and its reasoning. (Para 3 , 10 , 11 , 12 , 13) |
| 4. final decision dismissing the second appeal. (Para 14 , 15) |
JUDGMENT :
SUDESH BANSAL, J.
1. Heard counsel for appellants on the application u/s. 5 of the Limitation Act, seeking condonation of delay of 361 days in filing present civil second appeal.
2. It has inter alia been stated that in the application that the present second appeal has been filed against the final order dated 13.01.2022 passed by Additional District Judge, Nainwa, District Bundi, dismissing appellants’ first appeal on the ground of limitation. It has been stated that relevant papers to file the second appeal were handed over to the then Advocate Sh. Sanjay Sharma, but later on, he passed away, and that fact could not come to the knowledge of appellants. When they inquired about filing of second appeal and came to know the fact of death of their counsel, they engaged another counsel and filed this second appeal. The application u/s. 5 of the Limitation Act, is supported with the affida
The court established that while a liberal approach to condoning delay is necessary, persistent negligence and lack of sufficient cause can justify dismissal of appeals.
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
Point of Law : “Sufficient cause” is decisive factor while condoning delay.
Timeliness in legal proceedings is critical, and mere health claims must be substantiated with evidence to justify delays in filings; lack of sufficient cause leads to dismissal of condonation applic....
Delay in filing an appeal may be condoned if sufficient cause is established, ensuring justice for both parties involved.
The court ruled that delays in filing an appeal must be supported by compelling evidence, and unsatisfactory explanations can lead to dismissal of the request for condonation.
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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