SUJAN SINGH BUNDELA Vs. KRIPAL SINGH YADAV

JUDGEMENT

(1.) This is an application seeking condonation of delay in filing the appeal which was filed in the year 2004.

(2.) There is huge delay of 2 years and 93 days. The matter has remained pending before this Court for 19 years without steps being taken. Today also, none is present for the appellants.

(3.) The above reasons will have to be looked into the with the principle enunciated by the Courts from time to time for condonation of delay. The expression "sufficient cause" in Sec. 5 of Act, 1963 has been held to receive a liberal construction so as to advance substantial justice and generally a delay in preferring appeal may be condoned in interest of justice where no gross negligence or deliberate inaction or lack of bona fide is imputable to parties, seeking condonation of delay. In Collector, Land Acquisition Vs. Katiji, 1987(2) SCC 107, the Court said, that, when substantial justice and technical considerations are taken against each other, cause of substantial justice deserves to be preferred, for, the other side cannot claim to have vested right in injustice being done because of a non deliberate delay. The Court further said that judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so.