would make functioning of administration impossible. There cannot be dispute over the proposition, made by the Apex Court in the case cited supra. of the Act provides the remedy in such situations. Dhanraj Lilram Motwani v. Rajendra Kumar Dayachand Jain. Condonation meaning or descrpition: implied acceptance by one party of the conduct of another party; once misconduct is condoned, the person who has condoned the misconduct cannot take legal steps against the other without any new misconduct (Source of this concept of Condonation: emp.ca/books/353-6 and emp.ca/books/279-9) And section 9 under this act, Once time starts then it will not become a Late submission of a form or application will cause a time bar on an appeal in a legal case. The question whether a claimant, should be awarded interest or not would arise at the time of final, hearing of the appeal and such condition cannot be imposed for, admitting a time barred appeal. (See: Manindra Land and Building Corporation Ltd. v. Bhootnath Banerjee & Ors., AIR 1964 SC 1336; Lala Matadin v. A. Narayanan, AIR 1970 SC 1953; Parimal v.Veena @ Bharti AIR, 2011 SC 1150; and Maniben Devraj Shah v. Municipal, Corporation of Brihan Mumbai AIR 2012 SC 1629. Also, in the case of Balwant Singh v. Jagdish Singh, the Court held that a party seeking condonation of delay must show that they were acting bona fide and had taken all possible measures within their power and control and did not approach the court with any unnecessary delay. limitation will start from the date of the Loan. that time and time has begun to run from the date of the loan itself. It has consistently been held that, inconvenience is not a decisive factor to be considered while, 13. The law on the issue can be summarised to the effect that where, a case has been presented in the court beyond limitation, the applicant, has to explain the court as to what was the sufficient cause which, means an adequate and enough reason which prevented him to, approach the court within limitation. It is, contended that in the past Bansi and Hiraman had filed a, suit against Ghanshyam and Laxman for possession of the, suit property and the suit was decided in favour of Bansi, and Hiraman. PDF Reportable in The Supreme Court of India Civilappellatejurisdiction Affect any suit, Follow us onInstagramand subscribe to ourYouTubechannel for more amazing legal content. Extension of prescribed period in certain, cases.-- Any appeal or any application, other than an, application under any of the provisions of Order XXI, of the Code of Civil Procedure, 1908, may be, admitted after the prescribe period, if the appellant, or the applicant satisfies the court that he had, sufficient cause for not preferring the appeal or. Further, in the case of Collector Land Acquisition v. Mst. Often, most grounds emerge as an error in judgement, a lawyers mistake, or a misreading of the law. While this principle is supposed to encourage the pursuit of justice, it cannot be used to reject justice. 1968, Mad. tantamounts to showing utter disregard to the legislature. Also, it must be noted that the Section only governs Appeals and Applications. Here, find the list of some of the major points on how a condonation of delay can be filed: The Limitation Act of 1963 has a larger objective. To inform the respondent that they do not need to be prepared on the merits of the case as the court shall first deal with the application for condonation of delay. Bar of Limitation - Doctrine of Sufficient Cause for Condonation of Delay. However, the decision must be in a pragmatic and rational manner. commencement of the Act. The Courts have been given too much liberty in interpreting the meaning of sufficient cause, which results in uncertainty and differences in interpretation between the Courts. Every days delay is needed to be justified does not indicate that the doctrine should be applied irrationally. State Amendment (Modification under Article 371F of the barred or Pending Suits etc. These kinds of judgments cannot be, approved. explained by the following judicial observations: o Wrong practice of the High How Can I File ITR After Condonation Delay? - Caniry application. Equality is a trite, which cannot be claimed in illegality and therefore, cannot be enforced by a citizen or court in a negative manner. Also, Section 29(2) of the Limitation Act lays down that it would be the governing law as far as Limitation is concerned, unless its working is expressly excluded by the Special Law in question. This is known as the doctrine of sufficient cause. The expression `sufficient cause' employed by the legislature is adequately elastic to enable the Courts to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of Courts. The land of the appellants in Survey No.417/2 admeasuring 4. acres and Survey No.418 admeasuring 23 acres, 1 guntha; and 5 acres, 23 gunthas of phut kharab situated in the revenue estate of village, Mahagaon, Tehsil and Distt. In the case of Sohanlal Ruia v. Kedarnath Purushottamdas, wherein the Court held that city curfew could be a sufficient cause. application filed by the present appellants. What is the time limit for filing of return of income? Update your Aadhaar card details online for free before June 14, 2023. bebona fide. Act, the respondent acquires a vested right to urge that the remedy has been The provision of section 5 and the observations, made by the Apex Court show that there are two, considerations in section 5 of the Limitation Act. The appeals deserve to be, 4. Thus, existence of sufficient cause is. There is no presumption that the delay is caused deliberately. (2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. However, there can be some exceptions to this general rule and an application or appeal can be admitted by the Court even after the period of limitation by condoning the delay. One of the, appellants was suffering from ailments and it was in itself a good, ground for condonation of delay. Application and Appeal time limitation is 6 months. has been that one of the appellants had taken ill. 7. Condonation of Delay Under Limitation Act, 1963. The appeals before the High Court were hopelessly time barred, as the same had been preferred after about 5-1/2 years and no, satisfactory explanation could be furnished in the applications for, condonation of delay for not approaching the court in time. and have from lapse of time become stale. Application for Condonation of Delay: Exploring the Grounds Defendant Nos.3 and 4, present respondents, contested the proceeding by contending that no sufficient, cause was shown. after the prescribed period if the appellant or the applicant satisfies the It What is an Index Fund? It must keep an open mind and consider all the reasons for the delay before deciding. 5. A decree holder (on whose favour the decree has been passed) obtains certain rights when the decree has been passed. Once the court ascertains the reason for the delay, it will continue to hear the case. On the refusal of condonation of delay, the appeal stands rejected. Collector Land Acquisition v. Mst. The same was held in the case of. Condonation of delay is an exemption to the general rule, which indicates that a court may agree to accept a late appeal or application. appeals lack merit and are liable to be dismissed. The interpretation should be able to ensure that no injustice is done to the judgement debtor by depriving him of his right to appeal on the basis of some circumstances that were out of his control. It must be applied in a reasonable manner, not a literal way. of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), But, the Court has exercised its discretionary power and further widened the ambit of sufficient cause. Many people were not able to appear before the Court in the initial days of the Coronavirus outbreak, but the Courts were still operational. The delay was caused on account of any action or inaction on the part of the lawyer and not the litigant. Condonation legal definition of condonation Court that he had sufficient cause for not preferring the appeal or making the What is sufficient cause for condonation of delay? The partys illness involves the nature and severity of the illness and the facts surrounding the failure to act. In view of above, no interference is required with impugned, judgment and order of the High Court. Condonation of Delay - iPleaders In the case of Surendra Kumar v. Rajendra Kumar Agarwal, adjournment can be granted if the party seeking it is ready to pay reasonable costs, including exemplary costs, when an adjournment is sought multiple times, to cause loss or harm the opposite party. Condonation of delay is an exemption to the general rule, which indicates that a court may agree to accept a late appeal or application. Bhalla v. State of M.P. 5 of the Limitation Act, 1963 allows the extension of the prescribed period in generally 3 years. The Supreme Court laid down certain guidelines which need to be followed while administering the doctrine of Condonation of Delay: It was enunciated by the Supreme Court here, that the discretion conferred by Section 5 cannot be interpreted in a way that it converts a discretionary remedy into a rigid rule. purpose. condonation of delay but the same ground in other case, in view of facts and circumstances of that case, may be a, valid ground for condonation of delay. Extension of Appeals and Applications for Sufficient Cause the expression "sufficient cause" must receive a liberal construction so as to advance substantial justice and generally delays in preferring the appeals are required to be condoned in the interest of justice where no gross negligence or deliberate inaction or lack of bona fides is imputable to the party seeking condonation of delay. The Law of Limitation is a part of procedural law, giving it the status of adjective law. 6. from the Loan time, if the minor son was there with the Person then the time limitation has given by the act for the filing the Suit and Plaint, it is Counsel's Mistake as "Sufficient Cause" under Section 5 of the Such non-appearances were made on a valid and reasonable ground, therefore, constituting a sufficient cause. The Limitation Act of 1963 administers the limitation period for a lawsuit. The CBDT can authorise income tax officers to accept any application if it deems necessary to neglect hardship to the party. suit for the after the New commence of the active time limitationact 1963. , Once time starts then it will not become a Ans. Section 421. 4.1 It is submitted that when the High Court has exercised . Per contra, Shri Naveen R. Nath, learned counsel appearing on, behalf of the respondent, has opposed the appeal contending that the, delay can be condoned keeping in mind the provisions contained in, Section 5 of the Limitation Act, 1963 (hereinafter referred to as the, Act 1963). If an appeal has been filed without the application for condonation of delay, the consequence shall not be very harsh and it may also be accepted. appellant No.2 / plaintiff No.2 was suffering from heart, disease. The term limitation for the purpose of this article refers to the limitation of time that has been prescribed by law for the people within which they must approach the Court. The limitation period, in this case, will end after 3 years from the date of the loan(i.e. Sikkim in section 31, in clause (a), for the words Indian Only applications and appeals are covered under the doctrine that excludes suit. 5 of the Limitation Act, the Courts should adopt a pragmatic approach. Principle Governing Condonation of Delay in Filing of Appeal ascertain as to what constitutes sufficient cause. generally 3 years. The law of limitation, on the other hand, averts cases from being stretched and sets a timeline within which the case may be filed to seek remedy.