Law: Code Of Civil Procedure, 1908.

Section: 115

Law: Limitation Act, 1908

Section: 5

REMARKS

Section 5 of the Limitation Act, 1908 being applicable, vests the Court with Vast discretion to condone delay in case where the Court is satisfied that the application seeking condonation of delay discloses “sufficient cause” by accounting for each day`s delay.
It is also settled that once discretion is exercised by the Court qua condonation of delay, the High Court or, as the case may be, the Supreme Court would interfere in very rare cases and in exceptional circumstances.

Case Summary:Two-Word Case Description:
Electricity Dispute
The respondent (Dr. Kashmala Orakzai) filed a suit against PESCO alleging illegal disconnection of her electricity supply and wrongful replacement of her single-phase meter with a 3-phase meter, resulting in inflated electricity bills. The suit was initially dismissed for non-prosecution. The respondent applied for restoration of the suit, citing illness (cancer) as the reason for delay. The appellate court accepted the restoration application, considering the illness a “sufficient cause” under the Limitation Act. The petitioners (PESCO) challenged this via a revision petition under Section 115 CPC, but the High Court upheld the appellate court’s discretion and dismissed the petition.