Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1609 - HC - Indian LawsCondonation of delay of 263 days in filing the appeal suit - reason for delay stated is that learned counsel lost the certified copies of the case paper, handed over to him and could not trace the case papers, despite the effort taken, and during April 2017, the case papers were traced out and thereafter, the first appeal is filed - HELD THAT:- The reason stated is not only flimsy but also shows the casual attitude of the petitioner. The parties, who would like to prefer an appeal against the judgment and decree, are expected to be vigilant. If such a casual approach is encouraged, then this Court is of the opinion that the very principles set out in the law of limitation will be defeated. Law of limitation being a substantive law, the appeals are to be filed within a time limit. Filing an appeal within a period of limitation is the rule and condonation of delay is an exception. Thus, while condoning the delay, the Courts must be cautious and only on genuine reasons, the Courts are empowered to condone the delay. The power of discretion to condone the delay is to be exercised judiciously and by recording reasons. The reasons furnished for condonation of delay must be candid and convincing. The condonation of delay cannot be claimed as a matter of right and only on genuine reasons, the delay is to be condoned and not otherwise. In the event of condoning the huge delay in a routine manner, the Courts are not only diluting the law of limitation but unnecessarily encouraging this kind of lapses. Therefore, reasons which are all acceptable alone must be a ground for condonation of delay, and flimsy, false and casual reasons cannot be taken for the purpose of condoning the huge delay. This Court is of the opinion that the petitioner has not set out any acceptable ground for the purpose of condoning the delay of 263 days - Petition dismissed.
|