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SUMEET GOEL
Raj Kumar – Appellant
Versus
Sapna – Respondent
JUDGMENT
Sumeet Goel, J. (Oral)
CRM-19877-2024
The present application has been filed on behalf of the applicant-husband for condonation of 71 days delay in filing the accompanying revision petition. The main revision petition has been filed impugning the judgment dated 16.11.2023 passed by learned Additional Principal Judge, Family Court, Ludhiana, whereby the applicant-husband/petitioner (herein), who was proceeded against ex-parte, was directed to pay Rs. 8,000/- per month to respondent No.1-wife (herein), as maintenance from the date of filing of the petition and it is further directed that respondent-wife should be entitled to get maintenance increased at a flat rate of 5% per annum from the date of passing of the order. However, no maintenance was granted to respondent No.2 (minor child) as he is being maintained by applicant-petitioner.
2. Learned counsel for the applicant-petitioner, while seeking grant of prayer for condonation of delay of 71 days, has argued that the delay has occurred as the applicant is a poor person and on account of paucity of funds, the applicant could not prefer the present revision petition. Thereupon, after arranging the necessary funds and document
A liberal approach to condonation of delay under Section 5 of The Limitation Act requires a reasonable explanation; negligence or lack of diligence by the applicant can lead to dismissal.
The court emphasizes that a delay in filing a petition must be justified with sufficient cause, and mere claims without evidence will not suffice.
A liberal approach to condonation of delay under Section 5 of The Limitation Act requires a reasonable explanation; mere administrative delays are insufficient.
The main legal point established in the judgment is the need for a liberal approach in condonation of delay, while also emphasizing the requirement for a genuine and acceptable explanation for the de....
Delay in filing civil revisions can be condoned if sufficient cause is shown under Section 5 of the Limitation Act, emphasizing a justice-oriented approach.
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