(1.) The present First Appeal has been filed against the order dated 21.05.2018 of the State Commission in complaint no. 251 of 2013 of respondent nos. 1 & 2. Since, the Appeal has been filed with delay of 348 days, an application being IA No. 9483 of 2019 has been filed for condonation of delay in filing the Appeal. The arguments of learned counsel for the appellant have been heard on this application. My order on the application is as under:
(2.) It is settled proposition of law that condonation of delay is not a matter of right. The applicant is required to give sufficient causes while seeking condonation of delay. Sufficient causes means that party had acted diligently and bonafidely but where party is said to have not acted diligently and remained inactive, it cannot be said that party had sufficient causes for condonation of delay. It is also settled proposition of law that limitation may harshly effect a particular party but it has to be applied with all its rigour when the statute so prescribes.
(3.) In the case of Ram Lal and Ors. Vs. Rewa Coalfields Limited, 1962 AIR(SC) 361, the Hon'ble Supreme Court has clearly held that condonation of delay is a discretionary jurisdiction and has to be exercised in appropriate cases. Hon'ble Supreme Court has clearly held that where the party has not acted diligently and bonafidely, such a discretion should not be exercised in its favour. The Hon'ble Supreme Court has held as under: