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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Janardhan Narayan Deo, son of Late Sarju Narayan Deo – Appellant
Versus
Sahdeo Modi, son of Late Nathu Modi – Respondent
Order :
(Anil Kumar Choudhary, J.)
1. Heard the parties.
2. This interlocutory application has been filed with a prayer to condone the delay of 395 days in filing this civil miscellaneous petition with a prayer to restore Second Appeal No. 19 of 2020 to its original file.
3. It is submitted by the learned counsel for the petitioners that the petitioners came to know about the Execution Case No. 10 of 2024 and when they appeared in the Execution Case No. 10 of 2024, they came to know about dismissal of Second Appeal No. 19 of 2020 and immediately thereafter on 20.08.2024, this instant civil miscellaneous petition was filed. It is next submitted that there is no deliberate laches on the part of the appellants, who are the petitioners herein, rather the delay is bonafide.
4. Learned counsel for the opposite parties on the other hand vehemently opposes the prayer for condonation of delay. It is next submitted by the learned counsel for the opposite parties that the petition under Section 5 of the Limitation Act is vague and there is no whisper, as to what stopped the petitioners to file this civil miscellaneous petition within the statutory time. Relying upon the Judgment of the Hon’ble Sup
The court held that a satisfactory explanation for delay is essential for condonation under Section 5 of the Limitation Act, and failure to provide such explanation results in dismissal.
The absence of a valid reason for excessive delay in filing a restoration petition leads to rejection under the Limitation Act.
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 main legal point established in the judgment is that the law of limitation is substantive, and exceptions for condoning delay should be exercised discreetly based on genuine and acceptable reason....
The court held that administrative delays are insufficient for condoning significant delays in appeals, emphasizing the importance of strict adherence to limitation laws and the necessity for bona fi....
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