VINITA PRAKASH KUMAR GAVANE Vs. PRAKASH KUMAR GAVANE

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned counsel for the respondent on the application for condonation of delay moved under section 5, Indian Limitation Act, 1963.

(2.) LEARNED counsel for the appellant submitted firstly that section 5 of the Limitation Act would apply to the delay which has occurred in filing of the appeal which is barred by 19 days, and secondly when Limitation Act is applicable, then, there exists sufficient cause for condonation of delay within the meaning of section 5 of the Limitation Act.

(3.) BOTH the submissions have been rebutted by the learned counsel for the respondent Shri G. C. Jain. He submitted that firstly, section 5 of the Limitation Act would not apply as per the provisions of sub-section (3) of section 29 of the Limitation Act, 1973 and secondly, the each day's delay has not been explained and the explanation given in the application does not constitute sufficient cause which may warrant condonation of delay.