Non-receipt of a certified copy can constitute valid justification for condonation of delay under Section 5 of the Limitation Act.

ORDER

23.06.2025 Heard Ms. N Danggen, learned counsel for the petitioner. This petition is filed against the Order dated 26.05.2025 passed by the Court of Civil Judge, Sr. Division, Pasighat in Misc. Case No. 30/2023 by which, the learned Court was pleased to reject the condonation application filed for condoning the delay of 729 days in filing the appeal against the impugned kebang decision dated 01.02.2021. The main ground for refusal of the said condonation application was that the non-receipt of the copy of the kebang decision cannot be a sufficient ground for condoning the delay under Section 5 of the Limitation Act . It was further held that the applicant did nothing for around 2 years and 2 months from the date of kebang decision dated 01.02.2021 and as such, it was held that there was bona fide negligence on the part of the applicant.

The learned counsel appearing for the petitioner however states that there is enough reason for the said delay inasmuch as, the petitioner was never furnished a certified copy of the impugned kebang decision dated 01.02.2021 despite several request. Being unable to obtain the said certified copy of the decision, he filed a Misc. Application before the Civil Judge, Sr. Division, Pasighat, for a direction to furnish him a certified copy of the kebang decision nd dated 01.02.2021 and that the same was furnished to him on 2 May, 2023. As such, the delay of 824 days was caused in filing the appeal. Therefore, the counsel for the petitioner states that there was no negligence on the part of the petitioner in the delay caused.

Issue notice to respondent Nos. 1, 2 & 3, returnable by 3 weeks. Petitioner to take steps for service of notice upon the said respondents by registered post with A/D, within 3 days from today.

List the matter after 3 (three) weeks.