Condonation of delay requires a bona fide, credible explanation; vague claims and lack of diligence will not justify inordinate delay.

Condonation of delay under Section 5 of the Limitation Act, 1963 requires a bona fide, credible and adequately substantiated explanation showing sufficient cause; a liberal approach does not extend to an inordinate delay supported only by a vague or unsupported account. The Court found the explanation that appeal papers were misplaced in counsel's office to be unconvincing because it lacked supporting affidavit evidence from the concerned advocate and was inconsistent with the respondent's lack of due diligence. The order condoning delay was therefore unsustainable, and the application for condonation was rejected.

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Issues: Whether the respondent had shown sufficient cause for condonation of 1236 days' delay in filing the appeal under Section 5 of the Limitation Act, 1963.

Analysis: The governing principle is that limitation law serves public policy and delay may be condoned only where the explanation is credible, bona fide, and free from negligence. A liberal approach is permissible, but it does not extend to accepting a vague or unsupported explanation for an inordinate delay. On the facts, the explanation that the appeal papers were misplaced in counsel's office was found to be vague, unsupported by an affidavit of the concerned advocate, and inconsistent with the respondent's own conduct in not pursuing the matter with due diligence for a prolonged period.

Conclusion: The respondent did not establish sufficient cause for condonation of the delay, and the order condoning delay was unsustainable.

Final Conclusion: The appeal succeeded and the application for condonation of delay was rejected.

Ratio Decidendi: Condonation of delay under Section 5 of the Limitation Act, 1963 depends on a bona fide and credible explanation demonstrating sufficient cause; an inordinately delayed filing supported by a vague or inadequately substantiated explanation is liable to be refused.

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