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BISWAROOP CHOWDHURY
Manoj Kumar Chakraborty @ Kajal Chakraborty (Since Deceased) Represented by his Legal Heirs Smt. Pratima – Appellant
Versus
Ayakar Griha Nirman Samabay Samity Ltd. – Respondent
JUDGMENT
Biswaroop Chowdhury, J.—The appellant before this Court was a defendant in a suit for eviction before Learned Civil Judge Senior Division 5th Court at Alipore South 24 Parganas being Title Suit No. 167 of 1993 in which the appellant/defendant suffered an eviction decree and preferred an appeal before the Learned District Judge South 24 Parganas, which failed. The appellant being aggrieved by the Judgment and Order dated 17-04-2015 passed by Learned Additional District Judge 8th Court Alipore South 24 Parganas in TA-212 of 2009 has come up with the instant appeal.
2. As the ground for dismissal of appeal is due to dismissal of application for condonation of delay under Section 5 of the Limitation Act the scope of hearing of this appeal is under the provision laid down under Section 5 of the Limitation Act.
3. The Appeal was admitted by the Hon’ble Division Bench and the following substantial questions of Law was framed;
1) Whether the Court of appeal below rightly dismissed the application for condonation of delay holding that the appellant has not explained sufficient cause when the documents pertaining to his illness was annexed to the application for condonation of dela
Appeal – Limitation – Advocate being an officer of Court on disposal of case has duty to apply for certified copy of decree pursuant to drawing up and completing decree and to hand over the same to h....
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 ruled that mere negligence and inaction do not constitute sufficient cause for condoning a significant delay in filing an appeal.
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....
Timeliness in legal proceedings is critical, and mere health claims must be substantiated with evidence to justify delays in filings; lack of sufficient cause leads to dismissal of condonation applic....
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