Case Note & Summary
The present case involves a Civil Application under Section 5 of the Limitation Act, 1963, filed in a pending Second Appeal before the Gujarat High Court. The applicant sought condonation of a delay of 1131 days in filing an application for substitution of the legal representatives of the deceased original appellant, Ranchodbhai. The original appellant died on 24.05.2021, and the Second Appeal was instituted thereafter. The applicant claimed that due to no immediate challenge to the impugned judgments, steps for bringing legal heirs on record could not be taken within the prescribed period. The applicant averred that the delay was neither intentional nor deliberate but occurred due to bona fide circumstances beyond control. The Court examined the provisions of Section 5 of the Limitation Act, which requires the applicant to satisfy the court that there was sufficient cause for not making the application within the prescribed period. The Court noted that while a liberal approach is generally adopted, the delay must be shown to be bona fide and attributable to a cause beyond the litigant's control. In this case, the Court found that the applicant failed to provide any explanation for the inordinate delay of 1131 days. The mere invocation of phrases like 'liberal approach' or 'justice-oriented approach' without demonstrating sufficient cause was not enough. Consequently, the Court dismissed the Civil Application for condonation of delay, holding that the delay could not be condoned. The Court also noted that the application for substitution itself would be dismissed as a consequence.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicant sought condonation of 1131 days delay in filing substitution application after death of original appellant. The Court held that the delay was inordinate and the applicant failed to provide any explanation for the delay, let alone sufficient cause. The mere statement that the delay was bona fide and beyond control was insufficient. The application was dismissed. (Paras 1-7)
Issue of Consideration
Whether the delay of 1131 days in filing the application for substitution of legal representatives should be condoned under Section 5 of the Limitation Act, 1963.
Final Decision
The Civil Application for condonation of delay is dismissed. Consequently, the Civil Application for bringing legal heirs on record also stands dismissed.
Law Points
- Condonation of delay requires sufficient cause
- Inordinate delay must be satisfactorily explained
- Liberal approach not automatic
- Limitation Act
- 1963 Section 5
