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M. V. MURALIDARAN
Kumari Amom Mema Devi – Appellant
Versus
Kumari Thokchom Manglembi Devi – Respondent
JUDGMENT
MV Muralidaran, J. - This petition has been filed by the petitioner under Section 5 of the LIMITATION ACT to condone the delay of 415 days in filing the appeal against the judgment and decree dated 21.12.2019 passed in O.S.No.105 of 2017 on the file of the Civil Judge (Senior Division), Imphal West.
2. O.S.No.105 of 2017 has been filed by the petitioner against the respondents for recovery of a sum of Rs.25,07,500/-together with interest and costs. By the judgment and decree, the said suit was dismissed on 21.12.2019. Aggrieved by the same, the petitioner has filed the appeal along with petition for condonation of the delay of 415 days.
3. Mr. K. Modhusudon, the learned counsel for the petitioner submitted that the judgment and decree of the suit was not declared on 21.12.2019, however, the e-court status, it was shown that the said case was disposed of on 21.12.2019 as uncontested. The learned counsel would submit that the suit was last listed on 15.5.2019 and fixed on 6.6.2019 for orders. However, the order was not declared on 6.6.2019 and subsequently fixed the dates on 10.7.2019, 14.8.2019,10.9.2019, 19.10.2019, 8.11.2019, 17.12.2019 and 21.12.2019. Thereafter, the lear
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
The court ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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