TMI Blog2022 (2) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... rt feels that there are no merits in the application. Still the trial Court condoned the delay by observing that an opportunity of fair trial should be given to both the parties to put-forth their case on merits. The trial Court also observed that, on allowing the application for condonation of delay, no prejudice will be caused to the plaintiff and, therefore, the delay can be condoned by compens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period of limitation on equitable grounds. The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same. SLP dismissed. - SPECIAL LEAVE TO APPEAL (C) NOS.2054-2055/2022 - - - Dated:- 25-2-2022 - HON'BLE MR. JUSTICE M.R. SHAH AND HON'BLE MRS. JUSTICE B.V. NAGARATHNA For the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich the learned trial Court condoned the huge delay of 467 days. 4. Having gone through the order passed by the learned trial Court, even the learned trial Court also specifically observed that, in the absence of material evidence, it cannot be said that the delay has been explained. The trial Court has also observed that the Court feels that there are no merits in the application. Still the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be dismissed. The approach adopted by the learned trial Court that, even after finding that, in absence of any material evidence it cannot be said that the delay has been explained and that there are no merits in the application, still to condone the delay would be giving a premium to a person who fails to explain the delay and who is guilty of delay and laches. At this stage, the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 63 has not been enacted with the object of destroying the rights of the parties but to ensure that they approach the court for vindication of their rights without unreasonable delay. The idea underlying the concept of limitation is that every remedy should remain alive only till the expiry of the period fixed by the legislature. At the same time, the courts are empowered to condone the delay provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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