TMI Blog1997 (9) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... against the judgment and decree of the learned Sub Court at Kollam in Arbitration Application No. 108/92. The appeal was barred by 565 days. The respondents filed an application seeking condonation of delay and by the order impugned herein, that delay was condoned. The impugned order reads thus : "This is an application to condone the delay of 565 days in filing an appeal. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration as per the directions of the Advocate General on 2.9.1995." This can hardly be said to be a reasonable, satisfactory or even a proper explanation for seeking condonation of delay. In the reply filed to the application seeking condonation of delay by the appellant in the High Court, it is asserted that after the judgment and decree was pronounced by the learned Sub Judge, Kollam on 30.10.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct a particular party but it has to be applied with all its rigour when the statute so prescribe and the Courts have no power to extend the period of limitation on equitable grounds. The discretion exercised by the High Court was, thus, neither proper nor judicious. The order condoning the delay cannot be sustained. This appeal, therefore, succeeds and the impugned order is set aside. Consequently ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
