Gujarat High Court: While allowing an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 1419 days caused in preferring application, the Court held that the words “sufficient cause for not making the application within the period of limitation” should be applied in a reasonable and liberal manner subject to facts and circumstance of and type of case. The Court, further while interpreting the word “sufficient cause” in Section 5 of the Limitation Act, said that it needs a liberal construction so as to advance substantial justice when the delay is not the length of delay but sufficiency and satisfactory explanation. The Court, also, held that absence of inaction and want of bonafide act as a threshold for deciding the matters pertaining to condonation of delay. In the present case, the explanation of delay caused in preferring the Appeal by the applicant does not smack of malafide and thereby the appeal is condoned and the Rule made absolute accordingly. [Divisional Manager v. Jayvandanbhai Bhal Chandrabhai OZA & Ors., Civil Application No. 11746 of 2012, decided on 26.07.2013]
Posted on: Tue, 13 Aug 2013 04:01:51 +0000