BALAKRISHNAN Vs. MOHAMMED BASHEER

JUDGEMENT

(1.) This is a petition for condoning the delay of 918 days in filing the appeal. On going through the affidavit in support of this application, we are not satisfied that sufficient grounds are alleged for condoning this long delay. We are therefore not inclined to issue notice on this petition.

(2.) Learned counsel for the petitioner submits that Sec.5 of the Limitation Act ought to be liberally construed and the delay in this case may be condoned. A liberal construction of Sec.5 only enables the court to understand the expression 'sufficient cause' not rigidly or strictly but with some elasticity. This principle was recognised in the decision of the Madras High Court in Krishna v. Chathappan ( ILR 13 Mad. 269 ) wherein the court said:

(3.) However, liberally we construe Sec.5 of the Limitation Act in this case, we cannot find the setting out of a sufficient cause for condoning the inordinate delay in filing the appeal. We therefore refuse to condone the delay and dismiss this petition.