Court dismisses civil petition & appeal for delayed filing & defective cause title post respondent's death. Condonation of delay emphasized.

The court dismissed the civil miscellaneous petition and rejected the appeal due to the lack of acceptable grounds for the delay in filing and the presence of a defective cause title resulting from the death of a respondent. The court emphasized the importance of adhering strictly to the principles of condonation of delay to prevent justice from being compromised by casual or negligent actions.

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Issues Involved:
1. Condonation of delay in filing the appeal.
2. Defective cause title due to the death of a respondent.

Detailed Analysis:

Issue 1: Condonation of Delay in Filing the Appeal

The appellant sought to condone a delay of 263 days in filing an appeal against the judgment and decree passed in O.S. No. 74 of 2013. The appellant contended that the delay occurred because the counsel lost the certified copies of the case papers and could not trace them despite efforts. The papers were only found in April 2017, after which the appeal was filed. The court found this explanation flimsy and indicative of a casual attitude. The court emphasized that parties intending to appeal must be vigilant, as the law of limitation is substantive and appeals must be filed within the prescribed time limit. The court underscored that condonation of delay is an exception, not a rule, and should only be granted for genuine reasons. The reasons provided must be candid and convincing. The court referred to several precedents, stressing that the discretionary power to condone delay must be exercised judiciously and not in a routine manner. The court cited judgments that highlighted the importance of a liberal yet reasonable approach, ensuring that the delay was not due to gross negligence or deliberate inaction.

Issue 2: Defective Cause Title Due to the Death of a Respondent

The court noted that the appeal was filed on 24.04.2017, but the second respondent had died on 31.07.2016. This resulted in a defective cause title. The appellant failed to amend the cause title even at the time of filing the appeal and had not taken any steps to rectify it. The court found this lack of diligence unacceptable and further reason to dismiss the petition for condonation of delay.

Conclusion:

Given the lack of acceptable grounds for the delay and the defective cause title, the court dismissed the civil miscellaneous petition and rejected A.S.SR. No. 34779 of 2017. The court reiterated that the principles of condonation of delay must be strictly adhered to, ensuring that justice is not compromised by casual or negligent actions.

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