A.EDWIN RAJ Vs. A.RUBAN DAVID

JUDGEMENT

(1.) This Miscellaneous Petition is filed to condone the delay of 505 days in filing the appeal suit against the judgment and decree passed in O.S.No.4721 of 2012.

(2.) The learned counsel for the petitioner states that, on account of certain personal reasons, the petitioner was not in a position to file the appeal suit against the judgment and decree and therefore, the delay of 505 days is to be condoned.

(3.) Perusal of the entire affidavit filed in support of this miscellaneous petition reveals that the petitioner has not given any ground at all for the purpose of condoning such a huge delay of 505 days. Not even a single ground has been stated for the purpose of condoning the delay. Contrarily, the facts on merits are stated in the affidavit and under these circumstances, this Court is unable to trace out any reason for the purpose of condoning the delay as no ground has been raised for the purpose of condoning such a huge delay. The law of limitation being substantive, the power of discretion to condone the delay is to be exercised judiciously and cannot be exercised in a routine manner. The parties are expected to approach the Court in adherence to the law of limitation. Thus, filing an appeal is the rule and condoning the delay is the exception, wherein the Courts has to exercise its discretionary power judiciously and by recording reasons. Unexplained delay cannot be condoned. Such unexplained delay is to be construed as an uncondonable delay. Consequently, uncondonable delay cannot be condoned at all. Once there is a delay, a person who is filing the condone delay petition, is expected to furnish reasons which must be acceptable to the Court. In the event of no reason, the Court cannot condone the delay in a mechanical manner, so as to pave way for prolongation and protraction of the litigations between the parties and such prolongation causes prejudice to either of the parties to the civil litigations. Thus, the Courts must be cautious, while condoning the delay and the power of discretion is to be exercised, so as to ensure that no prejudice would be caused in the event of condoning such a delay to either of the parties. Under these circumstances, the petitioner herein has not furnished even a single ground for the purpose of condoning the delay and this Court searched the affidavit, so as to find out a reason and absolutely, an unreasoned affidavit is filed with a prayer to condone the delay of 505 days and this Court, under these circumstances, is not inclined to condone the delay.