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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Jagir Singh – Appellant
Versus
Gurdev Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J. (Oral)
CM-10756-C-2025
1. The appeal before this Court has been filed with a delay of 1,022 days. The applicant/appellant seeks condonation of such delay on the ground that due to the intervention of certain individuals, the non-applicant/respondents abstained from interfering with the possession of the applicant/appellant, which caused the applicant/appellant to desist from prosecuting the matter any further within the stipulated period. It is only upon the recent resumption of interference by the non-applicants/respondents in the appellant's possession that the present appeal has been instituted. The application is accompanied by an affidavit affirmed by Sh. Jagir Singh, attesting to the facts stated therein.
2. Section 3 of the Limitation Act lays down that no suit, appeal or application instituted, preferred or made after the period prescribed shall be entertained. Section 5 of the Limitation Act is to the effect that 'sufficient cause' having been shown for not preferring the appeal within the period of limitation, appeal can be entertained beyond the period of limitation. 'Sufficient cause' has received a liberal interpretation and it is considere
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
The court held that for condoning delay under Section 5 of the Limitation Act, the party must demonstrate sufficient cause, with mere negligence or vague explanations failing to meet this burden.
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....
Sufficient cause must be shown for condoning delay in filing appeals; lack of diligence and negligence is crucial for the court's discretion.
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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