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SAURABH LAVANIA
Ram Saran – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard.
2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
3. By means of the present petition the petitioners have assailed the order dated 19.01.2011, 15.05.2013 and 22.05.2023 passed by opposite party no.3, 2 and 1 respectively, as appears from the main relief sought in the present petition, which reads as under:
4. The record indicates th
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
The court emphasized that the approach to condonation of delay should be liberal and justice-oriented, focusing on the explanation provided rather than the mere length of delay.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
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.
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
Though the Courts are required to weigh scale of balance of justice in respect of both the parties, the said principle cannot be given a total good-bye in the name of liberal approach.
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