ANJALI DEVI Vs. GOVINDU

JUDGEMENT

(1.) The Civil Miscellaneous Petition is filed, to condone the delay of 514 days in filing the appeal suit. These Five petitioners in the civil miscellaneous petition are the appellants in the appeal suit and the first appeal is filed, challenging the judgment and decree passed in O.S.No.13 of 2010 dated 19.02.2013.

(2.) The reasons stated by the petitioners are that the 1 st petitioner is an old lady and illiterate. The petitioners 2, 3 & 4 are the married daughters of the 1st petitioner and the 5th petitioner is the illiterate son and working as a Driver. It is stated that he will be always performing his duties of a Driver and used to come to house only for food during night and he is in Karaikal. The 1 st petitioner, who filed the affidavit filed in support of the miscellaneous petition states that he was sick during the relevant point of time and therefore, the appeal suit is unable to be filed within the period of limitation.

(3.) Law of limitation is substantive. Limitation is the rule to be followed. Condonation of delay is an exception. Thus, rule cannot be diluted or deviated by exercising of discretionary power by the Courts in the absence of any valid reason. In other words, the rule must be followed in all circumstances and exception is to be considered by exercising the discretionary power in the presence of a valid ground. Therefore, the Courts cannot condone the delay in a mechanical and routine manner and the Courts are bound to exercise the discretionary power judiciously and by recording reasons. In the absence of any valid reason, it is to be construed that exercise of discretionary power is excessive. Thus, in the absence of any valid reason, condonation of delay is impermissible as the same would defeat the very purpose and object of the law of limitation. Therefore, the Courts are bound to ascertain the reasons, its genuinity and trustworthiness for the purpose of condonation of huge or enormous delay. Only if certain genuine grounds are pleaded, Courts can consider and exercise the power of discretion, so as to condone the delay and not otherwise.