MEHRAJ UD DIN WANI Vs. FAROOQ AHMAD MIR

JUDGEMENT

(1.) Delay of 357 days in preferring the appeal is sought to be condoned. Whether for condoning the delay, sufficient cause is available or not is required to be looked into.

(2.) Background of the case:

(3.) Sufficient cause for condoning the delay has to be liberally construed so as to advance the cause of justice. It is well settled that when technical and substantial justice are pitted against each other, it is the later which has to be preferred but the same position is controlled by an important condition i.e. seeker of condonation of delay must be indolent nor indolence must be attributable to him. When seeker is indolent, he cannot be given any concession and in case any such concession is given to him, that would render the object of limitation otiose. Law of limitation in such cases even if operates harshly, it has to be operated like that. In my view I am fortified by the judgment passed by the Hon'ble Apex Court in the case of P.K. Ramachandran v. State of Kerala and another, reported in AIR 1998 SC 2276. Para 6 is relevant to be quoted: