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2019 (5) TMI 549 - PUNJAB AND HARYANA HIGH COURTCondonation of delay of 482 days in filing appeal - sufficient cause for delay - after the receipt of the impugned order, the case was sent to the appropriate authority for appointment of counsel - the case could not be pursued and the file remained unprocessed - HELD THAT:- The purpose behind enacting law of limitation is not to destroy the rights of the parties but to see that the uncertainty should not prevail for unlimited period. Under Section 5 of the 1963 Act, the courts are empowered to condone the delay where a party approaching the court belatedly shows sufficient cause for not availing the remedy within the prescribed period. The meaning to be assigned to the expression “sufficient cause” occurring in Section 5 of the 1963 Act should be such so as to do substantial justice between the parties. The existence of sufficient cause depends upon facts of each case and no hard and fast rule can be applied in deciding such cases. No ground to condone the colossal delay of 482 days in filing the appeal. The question regarding whether there is sufficient cause or not depends upon each case and primarily is a question of fact to be considered taking into totality of events which had taken place in a particular case. In the present case after appreciating the matter it cannot be said that there was sufficient cause for condonation of delay. However, the appeal was required to be filed within the stipulated period of limitation of 120 days. But the appellant filed the appeal before the Tribunal on 19.2.2018, after a delay of 482 days. The plea of the appellant as mentioned above would not satisfy the test of sufficient cause. The explanation of the appellant is bereft of justification for the delay caused in filing the appeal keeping in view the totality of facts and circumstances of the present case. Finding no merit in the application for condonation of 482 days' delay in filing the appeal, the same is hereby dismissed
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