Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Limitation Act, 1908

Section: 5

(a) Civil Procedure Code (V of 1908)--- ----S.96---Limitation Act (IX of 1908), S. 5---Appeal---Limitation---Condonation of delay---Sufficient cause---Scope---Appeal against the and decree of Trial Court was dismissed on the ground of limitation---Validity---Power to condone delay and grant extension of time was discretion of the Court and same was subject to sufficient cause---Technical knock-out could not be considered 'good' when substantive rights of the party were involved---Party seeking condonation of delay was to prove to have acted bonafidly in filing the appeal in time but due to certain reasons it stood prevented---Such reasons must not only be reasonable but also sufficient to convince the conscious of the Court that extension of time would foster the justice---If a party had a case on merits then it would be within safe administration of justice to exercise discretion towards dispensation of justice and not to allow the opposite party to continue enjoying illegal gains in the name of technicalities---Appellant after getting approval from the competent authority had filed appeal before the Appellate Court without loss of further time---If interest of public at large was involved and Government had a case on merits then it would never be advisable to let the public interest go wasted because of negligence of an individual---Valuable rights of Government were involved in the present matter, if appellants were dispossessed from the suit property then not only the students' future would suffer but also the public exchequer---Court in exercise of its jurisdiction had power to deal with the question of limitation---Court had jurisdiction to exercise its discretion for condonation of delay---Courts while exercising its discretionary jurisdiction was to foster the ends of justice and preserve the right of the parties and right a wrong---Case was to be decided on merits rather than technicalities---Delay in filing of the appeal had been explained by the appellants---Defendants had challenged the authenticity and genuineness of the entries being illegal, forged and fabricated---Plaintiff had neither adduced any evidence nor examined any official from the…

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