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M. V. MURALIDARAN
K. Ashang Kom, S/o. K. Lalkhopao Kom – Appellant
Versus
Md. Najimuddin Shah, s/o. Md. Manuwar Ali – Respondent
| Table of Content |
|---|
| 1. petitioners' delay in filing appeal. (Para 1 , 2 , 3 , 4) |
| 2. respondents contest reasoning behind delay. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's review of delay explanation. (Para 12 , 17 , 18) |
| 4. standards of condoning delays in appeals. (Para 19 , 20 , 21 , 22) |
| 5. discretionary powers concerning delay in filing. (Para 23 , 25 , 27 , 28) |
| 6. court dismisses delay petition. (Para 26 , 29 , 30 , 31) |
JUDGMENT :
(M.V. Muralidaran, J.) :
This petition has been filed by the petitioners to condone the delay of 528 days in filing the appeal against the judgment and order dated 13.3.2018 passed in O.S.No.67 of 2012 on the file of the Civil Judge, Senior Division, Imphal East.
2. Originally, M.C.(RFA) No.26 of 2019 has been filed by the defendants 1 and 2 in the suit. Pending M.C.(RFA) No.26 of 2019, the second defendant died and his legal heirs were impleaded as petitioner Nos.2(a) to 2(e) as per the order of this Court dated 19.4.2021 in MC(RFA) No.6 of 2021. Similarly, the second plaintiff died pending M.C.(RFA) No.26 of 2019 and his legal heirs were impleaded as respondent Nos.2(a) to 2(e) as per the order passed in MC (RFA) No.10 of 2020.
3. The case of the petitioners
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 discretion to condone delay under Section 5 of the Limitation Act must be exercised judiciously, ensuring substantial justice while adhering to statutory principles.
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
The court ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
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