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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA, J
Ramsewak – Appellant
Versus
Ramsewak – Respondent
| Table of Content |
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| 1. explanation of delay in filing appeal. (Para 2 , 4) |
JUDGMENT :
G. S. AHLUWALIA, J.
Heard on I.A. No. 5504/2025, an application for condonation of delay in filing this appeal.
2. Although this Court was inclined to issue notice, but it is submitted by counsel for appellants that appellants have suffered judgment and decree dated 29.11.2017, but they came to know about the outcome of suit only when execution proceedings were initiated. It is further submitted that even their local counsel had expired, therefore, they could not get the information about the dismissal of their suit, and thus, it is submitted that there is sufficient cause for not filing this appeal within the period of limitation.
3. Considered the submissions made by counsel for appellants.
4. This appeal is barred by 2699 days. Since appellants were trying to put the entire burden onto the shoulders of their local counsel, accordingly, counsel for appellants was directed to point out the date of death of local counsel.
5. It is fairly conceded that neither the date of death of local counsel is neither mentioned in the application, nor appellants are aware of the date of death of their local counsel. It is
The obligation of a litigant to remain informed about their case supersedes the negligence attributed to their counsel.
Litigants must actively track their cases; reliance on counsel cannot excuse substantial delays in filing appeals. Courts exercise discretion in condoning delays based on the sufficiency of cause pro....
The court must exercise caution in condoning delays; a litigant's failure to pursue their case diligently, regardless of counsel's actions, does not constitute sufficient cause for delay.
Litigants must maintain diligence about their cases; blaming counsel for delays does not constitute sufficient cause for condoning such delays under the Limitation Act.
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
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....
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
Litigants must exercise due diligence in legal proceedings; mere negligence of counsel does not justify condoning delays in filing appeals under the Limitation Act.
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