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THE HIGH COURT OF SIKKIM : GANGTOK
BISWANATH SOMADDER, CJ., MEENAKSHI MADAN RAI
Yangchen Donkar Bhutia, Wife of Sonam Pintso Bhutia – Appellant
Versus
Sonam Pintso Bhutia, Son of Late Lhakpa Thenup Bhutia – Respondent
JUDGMENT :
BISWANATH SOMADDER, CJ.
1. This is an application under section 5 of the Limitation Act, 1963, for the purpose of seeking condonation of delay for filing of an appeal under section 19(1) of the Family Courts Act, 1984. The judgment and order of the learned Family Court was passed in respect of Family Court (Crl.) Case No.36 of 2024, in an application under section 144 of the Bharatiya Nagarik Pintso Bhutia), on 05th March, 2025. The period of delay in filing of the present appeal, as stated in the instant application, is 135 (one hundred and thirty five) days.
2. The question that was posed by this Court is whether the period of 135 (one hundred and thirty five) days can be condoned by this Court under section 5 of the Limitation Act, 1963, while taking into account the fact that this matter is in respect of an order passed by the Family Court, exercising its powers under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 {which corresponds to section 125 of the Code of Criminal Procedure, 1973 (falling under Chapter IX) being the old law}.
3. For the purpose of this matter, we need to consider and read section 19(2) of the Family Courts Act, 1984, carefully:-
“19.
Appeal – Limitation – Pragmatic and justice-oriented approach is required in adjudication of such application for condonation of delay – Delay of 21 days cannot be termed to be inordinate one.
The court emphasized a liberal approach to condonation of delay in appeals, especially when the delay is short and sufficient cause is shown.
Appeal – Period of limitation for filing appeal from appealable order and decree of District Court would be ninety days under section 28 of HMA and period of limitation for filing appeal from appeala....
Appeal – Period of limitation for filing appeal from appealable order and decree of District Court would be ninety days under section 28 of HMA and period of limitation for filing appeal from appeala....
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