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VIPIN SANGHI, R. C. KHULBE
Uttarakhand Vidhan Sabha Secretariat, Dehradun – Appellant
Versus
Preeti Sharma – Respondent
Headnote: Read headnote
JUDGMENT
Vipin Sanghi, CJ. -
Delay Condonation Application (IA No. 02 of 2022)
1. Issue notice.
2. Counsel for the respondents appears and accepts notice.
3. The appellants seek condonation of five days delay in filing the present appeal.
4. The order impugned in the present appeal has already been set aside by us in couple of Special Appeals, being SPA No. 376 of 2022, SPA No. 389 of 2022 and SPA No. 399 of 2022, vide our judgment dated 24.11.2022. Considering the fact that the delay is only five days, we are inclined to allow the same. Accordingly, delay in filing the appeal is condoned. Application stands disposed of.
SPECIAL APPEAL NO. 433 OF 2022
5. Following our decision in Special Appeal No. 376 of 2022, dated 24.11.2022, and other connected appeals, the present Appeal is allo
Condonation of delay in filing the appeal based on the previous setting aside of the impugned order.
The court may condone delay in preferring an appeal if the appellant demonstrates clear intent and steps taken for the purpose, and fulfills necessary conditions for compliance.
The court emphasized the importance of showing sufficient cause for condonation of delay and highlighted the need for a liberal but rational approach in such matters.
The court emphasized the term 'sufficient cause' as a necessary condition for the extension of the prescribed period under the Limitation Act, highlighting the importance of providing adequate reason....
Due opportunity must be given to the petitioner to raise objections to the condonation of delay in filing the appeal.
The court emphasized that statutory rights of appeal warrant a liberal approach to condone delays, especially in criminal matters.
The expression 'sufficient cause' for condonation of delay must be liberally interpreted to ensure substantial justice is done, as long as negligence in action or lack of bona fides cannot be imputed....
The court reinforces the importance of procedural compliance in matrimonial appeals, specifically concerning the timeliness of filing.
The court affirmed that a party suppressing material facts cannot be granted equitable relief for condonation of delay in filing an appeal.
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