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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Sanjeev Kumar Sharma – Appellant
Versus
Chander Shekhar – Respondent
| Table of Content |
|---|
| 1. delay condonation sought for wife's cancer treatment; challenged lacking evidence. (Para 1 , 2) |
| 2. parties reiterate contentions on sufficient cause for delay. (Para 3 , 4) |
| 3. limitation law applied rigorously; condone only sufficient cause shown. (Para 6 , 7 , 8) |
| 4. vague explanation without proof fails sufficient cause test. (Para 9 , 10) |
| 5. application and appeal dismissed for inordinate unexplained delay. (Para 11 , 12) |
JUDGMENT :
Sushil Kukreja, J.
This order shall dispose of an application filed under Section 5 of the Limitation Act for condonation of delay of seven years, three months and thirteen days in filing the present appeal. As per the applicant, delay in filing the appeal has occurred, as he was not aware about any proceedings against him in any Court due to the reason that his wife was suffering from cancer and for her better treatment, the applicant used to remain out of station. Therefore, the delay in filing the appeal in neither intentional nor willful, but was beyond the control of the applicant, as such, the same deserves to be condoned.
2. Reply to the application has been filed on behalf of respondent No. 5/Insurance Company, wherein, it has been
Inordinate delay cannot be condoned without sufficient cause explaining each day's delay, substantiated by evidence; vague, unsubstantiated plea of family illness fails against rigorous limitation la....
Inordinate delay of nearly two years not condoned due to lack of day-to-day explanation; natural disasters and administrative delays insufficient without proving diligence and bona fides, even for go....
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 the law of limitation must be applied with all its rigours when the statute prescribes, and the court has no power to extend the period of limitation on equitable grounds.
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