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IN THE HIGH COURT OF ALLAHABAD
MANISH KUMAR NIGAM
Sammohit @ Sammohit – Appellant
Versus
Raju Kumar Patel – Respondent
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. This petition has been filed challenging the order dated 26.08.2025 passed by Additional District Judge/Special Judge, Court No. 4, Varanasi in Misc. Case No. 51 of 2025. By the order dated 26.08.2025, the appellate court has allowed the application filed by the appellant for condoning the delay in filing the appeal.
3. Contention of the learned counsel for the petitioner is that the respondent has not filed the application for condoning the delay along with memo of appeal and therefore, in view of the provisions of Order 41 Rule 3-A C.P.C., the appeal filed by the respondent is to be dismissed. It has also been contended by learned counsel for the petitioner that in case, an appeal is filed with delay, the same shall be accompanied by an application for condoning the delay in view of the provisions of Order 41 Rule 3-A C.P.C. It has been further contended that subsequent to the filing of the appeal, an application cannot be filed for condoning the delay, it has to be filed simultaneously along with memo of appeal. In this regard, learned counsel for the petitioner has relied upon t
Applications for condoning delay in filings can be subsequent to the memo of appeal, ensuring access to justice without strict penalization for procedural lapses.
The concept of 'sufficient cause' for condoning delay under Section 5 of the Limitation Act should receive a liberal construction to advance substantial justice, and the length of delay is not a deci....
An appeal that is time-barred cannot be entertained without a proper application for condonation of delay, and such a defect is curable if addressed promptly.
The court emphasized that in cases affected by the Covid-19 pandemic, the rigid application of the law of limitation is not necessary.
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
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