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Published : June 08, 2013 | Author : nitish788
Category : Civil Laws | Total Views : 19378 | Rating :

Advocate Nitish Banka nitish@lexspeak.in

Condonation of Delay in case of Appeals

Section 5 of the Limitation Act deals with condonation of delay in case of appeal. Since the limitation period for appeals is very short, this section is then introduced to meet the end of justice such that the purpose of justice is not defeated merely because there is “sufficient cause” is present due to which an appeal was not preferred. This section extends the limitation period.

The word “sufficient cause” is an important phrase in this section. Since the section is not a matter of right for the party who pleads the condonation, but it depends on the discretion of the court. The court must be satisfied that the delay is caused due to a genuine reason. It is sufficiency of the cause which counts, and not length of delay - Expression "sufficient cause" should receive a liberal construction - As regards delay on the part of State, certain amount of latitude is not impermissible - Expression "sufficient cause" should be considered with pragmatism in justice oriented approach rather than technical detection of sufficient cause for explaining every day's delay - Matter remitted to High Court to decide the criminal revision on merits - Suggestions made to prevent delay in State litigation - Administration of justice – [State (NCT Of Delhi) Vs Ahmed Jaan  August 12, 2008]

Now the question arises what can be the “sufficient cause” which the court accepts-:

* Illness it is the sufficient cause when it is proved without the reasonable cause that the appellant was not able to file an appeal.

* Imprisonment-The imprisonment of the appellant can be a sufficient cause.

* Ignorance of law can also be a one of the reason but it should be bonafide.

* Mistake of fact-It should be real and unintentional.

* Delay in obtaining copies of judgement can be sufficient cause also this reason is also covered in section 12.

* Poverty, Infancy, Pardah

* Mistake of Counsel-mistake by counsel which is not negligence.

But to enjoy the benefit of section 5 There should be no negligence due to inaction of the party is a prerequisite, also length of delay is not a matter of concern but reasonable explanation why the delay has occurred is the subject matter of this section.

In the end the court prefer liberal approach in favour of justice and favour only reasonable excuses to condone any delay in filing an appeal .However the court must be convinced beyond reasonable doubt that the delay was genuine and it must be condoned in favour of justice. Also there should be absence of negligence in order to make the cause reasonable.

By-:Nitish Banka (Legal Consultant based in New Delhi)
Ph no -9891549997 / Mail-nitish@lexspeak.in



The  author can be reached at: nitish788@legalserviceindia.com

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Article Comments

Posted by v.srinivas on October 24, 2016
Declare as a cultivate tenant.He approche the court, suti file the land lords.He defeated.(suti file the single person).After he file ATA after filing ATA he died. after 160 days His Legal representatives application to court . Court accepted the legal representatives application are not

Posted by s. mishra on July 31, 2013
i want to know of limitation time for non notified co-shearer land owner from applet side

Posted by Ramesh Kumar Veeramalla on June 12, 2013
Sir we got an injuntion order stating that not to stop our drinage
water, not to construct a wall, not to occupy ,and the defandant is
ordered to appear court on 28/03/13. violating the court order he done
all the above things which should not be done.we approached police but
corruption and influence has upper hand in police station.our drinage is
blocked. No other option to our drinage to turn temporarily also not
having muncipal drinage in front side of our house. Left is defandants
shed and place right is others house.our lawyer told that as defandant
is having time till 28 of this month and as we got injunction one sided
we have to fight in police station or take illeagal actions against him
that we should also inturrupt the defandant work.is this way correct?
Please suggest me right way to proceed. Thank you sir
Ramesh veeramalla

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