Law: Limitation Act, 1908

Section: 5

(a) Limitation Act (IX of 1908)--- ----S. 5---Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991), S.5---Service appeal---Limitation---Condonation of delay---Sufficient cause---Scope---Negligence and slackness---Condonation of delay in filing service appeal had been sought on the ground that counsel engaged by the applicant was a patient of "gout" and during Eid vacations he suffered from swelling of joints---Validity---"Sufficient cause" would be a cause beyond control of the party and same would rule out inaction, culpable slackness and negligence---Want of due care would be sufficient to non-suit the party seeking indulgence of sufficient cause---Party seeking condonation of delay had to explain each day's delay after expiry of period of appeal---Contents of application as well as affidavit were silent with regard to number of Eid holidays and commencement of the same---Appeal, in the present case, was prepared on 2nd of October, 2009 while Eid holidays were 21st and 22nd September---Appeal was ready for filing prior to Eid-ul-Fitr---Affidavits were sworn by the applicant before the Oath Commissioner on 19th of September, 2009 which was Saturday---Ample time was available with the applicant to prefer appeal in the office but no attempt was made to submit the same---Actual and physical presence of counsel for the appellant was not necessary for filing of appeal---Anyone could have filed the appeal in the office---Nothing was on record to suggest that counsel for the applicant intimated to him the compelling circumstances for non-filing of appeal though time was running and ultimately it expired---Applicant was bound to remain in touch with his counsel---Element of want of care and attention would amount to negligence and carelessness ruling out bona fide and due diligence---Date of recovery of counsel for the applicant from ailment had not been mentioned either in the application or in the affidavit seeking condonation of delay---Such omission would be sufficient to non-suit the applicant---Contents of application that appeal was promptly filed without wastage of time after recovery of counsel would not be sufficient to prove the case of…

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