D. RAMASAMY Vs. N. MARRAPPAN

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed to condone the delay of 1478 days in filing the appeal suit, challenging the judgment and decree passed in O.S.No.14 of 2004 dated 28.11.2007.

(2.) The affidavit filed in support of the miscellaneous petition reveals that the judgment and decree in O.S.No.14 of 2004 was dated 28.11.2007 and the appeal should have been filed on or before 25.02.2008, but the long delay in filing the appeal suit occurred on account of the ignorance of the petitioner. This apart, the petitioner states that they have made an attempt to compromise the issues and meanwhile, he fell in sick and his uncle was in possession of the bundle, who died subsequently. The case bundle was unable to be traced out and therefore, there is a delay of 1478 days in filing the appeal suit.

(3.) Courts cannot condone huge delay on such misplaced sympathy, so as to dilute the principles laid down in the law of limitation. Law of Limitation is a substantive law and all the appeals are to be filed within the time limit. Condonation of delay is an exception and exercise of discretionary powers by the Courts in this regard is to be exercised cautiously and by recording reasons. If such reasons are genuine and sufficient cause has been shown by the parties, who all are approaching the Court belatedly. Therefore, the Law of Limitation is to be followed scrupulously by the Courts and exercise of discretionary power is to be exercised cautiously and by recording reasons. Parties approaching the Court by merely stating that they are illiterate and not having adequate funds or otherwise, cannot be accepted in a routine manner. All such averments are to be substantiated beyond any pale of doubt. This apart, every litigant may have some problem one way or other. Illiteracy, financial problems, illness or common reasons and the same are the common issues in all the families across the country. Therefore, such reasons cannot be a ground to condone an enormous delay. Undoubtedly, a reasonable delay can be condoned by exercising the discretionary power. However, long delay cannot be condoned on mere statements, which is not substantiated otherwise.