Case Note & Summary
The applicant, Adhyatmam Bhamini, filed a delay condonation application under Section 5 of the Limitation Act, 1963, seeking condonation of 62 days delay in filing an appeal against a Family Court decree dated 24.1.2003. The decree was passed in Petition No. B-40 of 1992, where the wife claimed half share in flat no.45/7-C, Anand Darshan Co-operative Housing Society, Mumbai, alleging it was jointly purchased by her and her husband, Jagdish Ambalal Shah. The husband contended it was his exclusive property. The wife had previously contested matrimonial litigation up to the Apex Court. The appeal was filed 257 days after the decree, but after deducting 165 days for obtaining certified copy and 30 days limitation, the net delay was 62 days. The court found that the delay was not intentional and the wife was pursuing remedies before the Apex Court. The court condoned the delay, observing that the matter involved a substantial claim and the wife should not be deprived of her right to appeal due to technicalities. The court directed the appeal to be heard on merits.
Headnote
A) Limitation Act - Delay Condonation - Section 5 - Sufficient Cause - The applicant wife filed an appeal with a delay of 62 days in challenging a Family Court decree. The court held that the delay was not intentional and the applicant was pursuing remedies before the Apex Court. The delay was condoned in the interest of justice, as the matter involved a claim for half share in the matrimonial flat. (Paras 2-5)
Issue of Consideration
Whether the delay of 62 days in filing the appeal should be condoned?
Final Decision
The court condoned the delay of 62 days and directed the appeal to be heard on merits.
Law Points
- Delay condonation
- Limitation Act
- Section 5
- Sufficient cause
- Liberal approach
