P.K. RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) LEAVE granted. The respondent -State of Kerala and another filed Miscellaneous First Appeal No. 316/95 against the Judgment and decree of the learned Sub -Court at Kollam in Arbitration Application No.108/92. The appeal was barred by 565 days. The respondents filed an application seeking condonation of delay and by the order impugned herein, that delay was condoned. The impugned order reads thus:

(2.) "This is an application to condone the delay of 565 days in filing an appeal. The petition is seriously opposed by the respondent. But taking into consideration the averments contained in the affidavit filed in support of the petition to condone the delay, we are inclined to allow the petition. The petition stands allowed. It would be noticed from a perusal of the impugned order (supra) that the Court has not recorded any satisfaction that the explanation for the delay was either reasonable or satisfactory, which' is essential pre -requisite to condonation of delay.

(3.) LAW of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribe and the Courts have no power to extend the period of limitation on equitable grounds. The discretion exercised by the High Court was, thus, neither proper nor judicious. The order condoning the delay cannot be sustained. The appeal, therefore, succeeds and the impugned order is set aside. Consequently, the application for condonation of delay filed in the High Court would stand rejected and the Miscellaneous First Appeal shall stand dismissed as barred by time. No costs. Appeal allowed.