LALITA Vs. BABULAL

JUDGEMENT

(1.) This Civil Revision under section 115 of CPC is directed against the order dated 16.8.2017 passed by the Appellate Court dismissing the Appeal on the ground of limitation, as Appeal was found barred by six years with no explanation much less plausible explanation for the delay caused in filing the Appeal.

(2.) Upon perusal of the application seeking condonation of delay, there is a mere lip service indicated in the application without narration of relevant facts of ailment and the period and place of treatment undertaken by the Appellant. Under such circumstances, the application is totally devoid of substance and under no circumstances can be considered to be an application showing sufficient cause for the delay caused in filing the Appeal.

(3.) Law as regards sufficient cause under Section 5 of the Limitation Act has been well explained by the Supreme Court in the case of Lanka Venkateshwarlu (dead) by L.Rs v. State of Andhra Pradesh (2011) 4 SCC 363 has observed as under: