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VIKRAM AGGARWAL
Ramesh Trading Company – Appellant
Versus
Jit Singh – Respondent
| Table of Content |
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| 1. delay in filing appeal is noted. (Para 2 , 5 , 8) |
| 2. arguments for condoning delay presented. (Para 3) |
| 3. court's observations on negligence and delay. (Para 4 , 6 , 7 , 9) |
| 4. application dismissed; no merit found. (Para 10) |
JUDGMENT
Vikram Aggarwal, J. (Oral)
CM-702-C-2020
Prayer in the present application preferred under Section 5 of the LIMITATION ACT read with Section 151 CPC is for condonation of delay of 2471 days in filing the present appeal.
2. It has been averred in the application that the applicant-appellant was under the impression that its appeal filed before the First Appellate Court i.e. Addl. District Judge, Patiala was under adjudication. It has been averred that when inquiry was made from counsel representing the applicant-appellant before the First Appellate Court, it came to the notice of the applicant-appellant that the appeal had been dismissed in November, 2012. Thereafter, the applicant-appellant applied for a copy of the judgment. It has been averred that there was no occasion for the applicant-appellant to not to pursue the case intentionally since financial liability was involved in the suit. It has been averred that the appeal could not be
The court reaffirmed that a liberal interpretation of 'sufficient cause' for condonation of delay is essential to ensure substantial justice, allowing a non-pedantic approach to procedural matters.
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....
The principle that the law of limitation must be strictly applied, and that any request for condonation of delay must be supported by a sufficient and reasonable explanation, which was not met in thi....
The Court emphasized that sufficient cause for condoning appeal delays must include diligence and bona fides; ignorance of law and financial hardship alone are insufficient grounds for delay beyond t....
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