Law: Limitation Act, 1908

Section: 5

Law: Code Of Civil Procedure, 1908.

Section: Order XLI Rule 19,151,100

Summary:
The appellants sought condonation of an eight-year delay and restoration of an appeal dismissed for non-prosecution, claiming ignorance due to the demise of their earlier counsel. The Court found the explanation vague, unsupported, and contradicted by the record showing repeated negligence and absence. Holding that limitation law is mandatory and that no “sufficient cause” was shown for either the delay or non-appearance, the Court dismissed both applications as time-barred and lacking merit, emphasizing finality of litigation and non-interference with concurrent findings.

Sections / Provisions Used:

Section 5, Limitation Act