Sufficient cause for condonation of delay in a matrimonial appeal was found on illness, age, and supported medical evidence.

A matrimonial appeal filed with a 554-day delay was said to disclose sufficient cause for condonation under Section 5 of the Limitation Act, 1963. The explanation relied on prolonged illness, including heart disease and dengue fever, hospitalization, advanced age, and mental disturbance caused by family disputes. The medical records were not disputed as genuine, and the High Court accepted that the appellant had suffered the stated ailments. On that basis, a liberal approach to limitation was warranted, and the delay was liable to be condoned; the refusal to condone was therefore unsustainable.

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Issues: Whether the delay of 554 days in filing the matrimonial appeal before the High Court deserved to be condoned on the basis of sufficient cause.

Analysis: The appellant supported the application for condonation with an explanation of prolonged illness, hospitalization for heart disease and dengue fever, advanced age, and mental disturbance due to family disputes. The medical documents filed in support of the explanation were not disputed as genuine, and the High Court itself found that the appellant had suffered the stated ailments. In these circumstances, the explanation disclosed sufficient cause within the meaning of Section 5 of the Limitation Act, 1963, and a liberal view was warranted in considering the delay.

Conclusion: The delay was liable to be condoned, and the order refusing condonation was unsustainable.

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