DILIP SINGH AND ORS. Vs. BALVEER SARAN GOEL

JUDGEMENT

(1.) This is an application filed under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") seeking condonation of delay in filing the appeal, which is reported to be barred by limitation by 6 years and 251 days. Heard Sri V. Sahai, Advocate, for appellants-applicants, Sri Swapnil Kumar, Advocate, for respondent and perused the record.

(2.) The only explanation furnished in the affidavit filed in support of this application is that the suit and appeal were being contested before the Courts below by father of appellants who died on 29.10.2005 and the appellants being not aware of proceedings, could not file appeal. However, the record shows that the Lower Appellate Court passed judgment and decree on 19.2.2000 and the appellants' father died after almost 5 years. Hence the limitation to file the appeal had already expired long back and that being so, the explanation cannot be said to be satisfactory for explaining the delay of more than six and half years.

(3.) The expression "sufficient cause" in Section 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, revision etc. 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 v. 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.