Power of attorney holder's unsupported asthmatic complaints insufficient for 288-day delay condonation under Section 5 Limitation Act

Kerala HC dismissed application for condonation of delay in filing review petitions after 288 days. Court held that "sufficient cause" under Section 5 of Limitation Act requires party to show they were not negligent and acted bona fide. Power of attorney holder's claim of asthmatic complaints without supporting materials was insufficient. Court emphasized that limitation law must be applied rigorously despite harsh effects, and discretionary relief cannot be granted on equitable grounds alone when statutory mandate exists. Review petitioners failed to establish sufficient cause, showing lack of bona fides.

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Issues involved:
Delay in filing review petitions challenging a common judgment in R.S.A.Nos.646 & 1038 of 2009.

Petitioners' Plea:
The review petitioners sought to condone the delay of 288 days in filing review petitions due to the power of attorney holder's severe asthmatic problems and related diseases since 2014 onwards. They claimed no laches or intentional default in filing the review petitions.

Respondents' Objection:
The contesting respondent contended that the delay was caused to the power of attorney holder and not to the review petitioners directly. They alleged that the review petitioners were being used as a tool against the respondents.

Legal Considerations:
The questions for consideration were whether the petitioners established sufficient cause for the delay and if they had grounds for condoning the delay. Section 5 of the Limitation Act, 1963 was cited, emphasizing the need to satisfy the court with sufficient cause for delay.

Court's Analysis:
The court noted that the expression "sufficient cause" in the Limitation Act allows for different interpretations based on the circumstances of each case. While a liberal approach is warranted, the court must also consider the rights and obligations of both parties. The court highlighted that the law of limitation serves public policy objectives.

Precedents and Principles:
Citing legal precedents, the court emphasized that a party seeking condonation of delay must show that they acted diligently and without negligence. The court highlighted the importance of substantial justice and the need to balance the interests of all parties involved.

Decision:
After analyzing the facts of the case, the court found that the review petitioners failed to provide adequate reasons to condone the delay. The court concluded that the delay lacked bona fides and dismissed the review petitions as barred by limitation.

Separate Judgment:
A separate judgment was delivered dismissing the Review Petitions (R.P.Nos.497 & 498 of 2015) following the dismissal of the condonation of delay applications (C.M.Appl.Nos.409 & 410 of 2015).

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