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PRAKASH SHRIVASTAVA, VIRENDER SINGH
LEE ANNE ELTON – Appellant
Versus
ARUNODAY SINGH – Respondent
ORDER/JUDGMENT- Shri Aditya Sanghi, learned counsel for the appellant.
Shri Kishore Shrivastava, learned senior counsel with Shri Kunal Thakre, learned counsel for the respondent.
2. Heard on I. A. No. 5526/2020, which is an application for condonation of delay in filing this appeal.
3. There is a delay of 53 days in filing the appeal.
4. Learned counsel for the appellant submits that the delay was caused because the counsel advising the appellant had misunderstood the judgment of the Bombay High Court in the matter of Shri Shivram Dodanna Shetty vs. Sou. Sharmila Shivram Shetty, Family Court Appeal No. 161 of 2013 and was under the impression that the limitation is of 90 days. He has further placed reliance upon the judgment of the Supreme Court in the matter of Savitri Pandey vs. Prem Chandra Pandey, AIR 2002 SC 591 and has submitted that the limitation of 30 days was not sufficient to file the appeal. He has also submitted that the delay had occurred for the aforesaid reason as also on account of the spread of Corona virus and due to the fact that the appellant is a lady. In support of his submission, he has placed reliance upon the judgments of the Supreme Court in the matter o
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.
The expression “sufficient cause” cannot be liberally interpreted if negligence, inaction or lack of bona fides is attributed to the party.
When there is a special enactment prescribing period of limitation, just like Section 28(4) of Hindu Marriage Act, 1955 and Section 39(4) of Special Marriage Act, 1954 enacted later in point of time,....
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