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AVANINDRA KUMAR SINGH
Santi Singh (Smt. ) – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This second appeal has been filed against the order dated 15.7.1999 passed by learned First Appellate Court at Rewa in Civil Appeal No.63A/1998 whereby, the appeal against the judgment and decree passed by learned Civil Judge, Class-I, Mauganj DistrictRewa in Civil Suit No.322-A/91 whereby, the learned Civil Judge dismissed the suit of plaintiffs-Punyalal Singh and others on the basis of lack of jurisdiction. The learned First Appellate Court dismissed the appeal as being time barred by one month twenty five days.
2. The grounds raised in this appeal are that the Appellate Court ought to have held that the appellant/plaintiffs were prevented by sufficient cause and the delay in filing the case was bonafide. The Court below after giving a specific finding that from the perusal of order dated 9.8.1996, it is apparent that none of the parties were present in the Court and in the absence of any finding to show that Shri H.L. Tripathi- Advocate had informed the appellant No.1 about the judgment dated 9.8.1996, the application for condonation of delay should have been allowed.
3. Learned counsel for other party support the order of learned First Appellate Court.
4. This appeal was
Point of Law : “Sufficient cause” is decisive factor while condoning delay.
A mere claim of Counsel's neglect does not suffice for condonation of delay without establishing sufficient cause; litigants maintain responsibility for timely action.
The court reaffirmed that a liberal interpretation of 'sufficient cause' for condonation of delay is essential to ensure substantial justice, allowing a non-pedantic approach to procedural matters.
The court emphasized a liberal approach in assessing sufficient cause for condonation of delay under Section 5 of the Limitation Act, particularly when the delay is marginal and does not prejudice th....
Delay in filing an appeal may be condoned if sufficient cause is established, ensuring justice for both parties involved.
The main legal point established in the judgment is the need for a liberal, pragmatic, justice-oriented approach while dealing with applications for condonation of delay, emphasizing the elastic natu....
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