RAM SWAROOP Vs. MADHURI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the applicants -appellants and perused the record.

(2.) THIS appeal has been filed with a delay of one year and 123 days. The only vague and unsubstantiated explanation given by plaintiffs -appellants -applicants contained in paras 4 and 5 of the affidavit accompanying with delay condonation application filed under Section 5 of Indian Limitation Act, read as under:

(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 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.