STATE OF MADHYA PRADESH Vs. BHURI

JUDGEMENT

(1.) STATE of M.P. figured as defendant in a Civil Suit No. 65 -A/1987, filed in the Court of Civil Judge Class - I, Karera, Shivpuri. This was decreed. An appeal was preferred. This appeal was barred by limitation. There was delay of 19 days. This was dismissed on the ground of limitation. Against this order, present petition under Article 227 of the Constitution of India, has been preferred.

(2.) THIS delay is sought to be explained by pleading that the officer incharge Deputy Ranger, Karera District Shivpuri, was busy in "Tendu Patta" Collection. It is pleaded that this was a peak season for this purpose, and this caused the aforementioned delay. The precise averment contained in para 6 of the petition be noticed. This reads as under:

(3.) THERE could be no dispute with the proposition that sufficient cause has to be established for exercise of discretion under Section 5 of the Limitation Act, 1963. Sufficient cause would mean a cause which is beyond the control of the partly invoking the aid of this section. One of the test is to see whether it could have been avoided by the party by exercise of due care and deligence.