Case Note & Summary
The applicants, Chetan Goradhandas Khumbawat and Chetan Jayantilal Shah, along with a partnership firm, had filed Regular Civil Suit No.93 of 2008 for declaration, injunction, and specific performance based on an agreement dated 25 March 1993. The trial court dismissed the suit, and the first appeal was also dismissed. The applicants then sought to file a Second Appeal but with a delay of 3 years, 3 months and 11 days. They filed Interim Application No.253 of 2021 seeking condonation of this delay. The applicants claimed that after the dismissal of the first appeal, they were pursuing a remedy before the National Consumer Disputes Redressal Commission (NCDRC) and that the certified copy of the judgment was misplaced. The court found the explanation vague and lacking in particulars. The application was supported by an affidavit of only one applicant, which was held insufficient. The court dismissed the application, finding no sufficient cause for the delay.
Headnote
A) Limitation - Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - The applicants sought condonation of delay of 3 years, 3 months and 11 days in filing the Second Appeal. The court held that the explanation for delay was vague and not supported by an affidavit of each applicant. The delay was not satisfactorily explained, and the application was dismissed. (Paras 1-6) B) Civil Procedure - Affidavit in Support - Order 19 Rule 3 CPC - The court noted that the application was supported by an affidavit of only one applicant, which was insufficient. The requirement of separate affidavits from each applicant was emphasized to establish sufficient cause. (Para 5)
Issue of Consideration
Whether the delay of 3 years, 3 months and 11 days in filing the Second Appeal should be condoned on the grounds stated by the applicants.
Final Decision
The court dismissed the Interim Application No.253 of 2021, refusing to condone the delay.
Law Points
- Condonation of delay
- Sufficient cause
- Affidavit requirement
- Limitation Act
- Section 5
- Order 41 Rule 3A CPC
