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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.Murali Shankar, J
K.Pannerselvam – Appellant
Versus
Kuppathai (Died) – Respondent
ORDER :
K.Murali Shankar, J.
The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 1266 days in preferring the appeal, challenging the judgment and decree made in O.S.No.60 of 2016 dated 14.03.2018 on the file of the Principal District Court, Karur.
2. The case of the petitioner is that the petitioner filed a suit for specific performance, that after trial, the suit was dismissed on 14.03.2018, that the petitioner instructed his trial Court Advocate Clerk to take two sets of certified copies of the judgment and decree and accordingly, he applied for two sets in C.A.Nos.1579 and 1580 of 2018 on 16.03.2018, that the copies were made ready in C.A.No.1580 of 2018 on 28.08.2018 and delivered on 28.08.2018, that another copy application in C.A.No.1579 of 2018 was made ready on 29.08.2018 and delivered on 30.08.2018, that the petitioner has also applied for printed copies of the judgment and decree in C.A.No.1578 of 2018, that the petitioner due to his ill-health was not able to prefer an appeal immediately, that the petitioner contacted the respondents/defendants for amicable settlement and even expressed his willingness to pay more sale consideration but al
The court emphasized a liberal interpretation of 'sufficient cause' for condoning delays in appeals, balancing justice with the rights of parties involved.
The court emphasized that the discretion to condone delay in filing an appeal is not a matter of right and must be exercised judiciously, considering the merits of the case only when sufficient cause....
A mere claim of Counsel's neglect does not suffice for condonation of delay without establishing sufficient cause; litigants maintain responsibility for timely action.
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....
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
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