Condonation of delay in filing appeal where 1707-day delay and lack of sufficient cause led to dismissal of the condonation application

Application for condonation of delay addressed the sufficiency of cause for a 1707-day delay; absence of cogent explanation and admission of failure to receive counsels message amounted to negligence and lack of due diligence, negating sufficient cause and supporting exercise of judicial discretion against grant. The consequence is dismissal of the condonation application and refusal to excuse the delay, reflecting that inordinate unexplained delay and want of diligence defeat relief under limitation principles.

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Issues: Whether the delay of 1707 days in filing the appeal should be condoned and, consequentially, whether the appeal barred by limitation should be entertained.

Analysis: The application for condonation was examined against the legal parameters governing condonation of delay, including the requirement to demonstrate a "sufficient cause" for delay. The applicable legal framework distinguishes the strict construction of limitation under Section 3 and the more liberal interpretation of Section 5 of the Limitation Act, 1963, while emphasising that courts may exercise discretion to condone delay only upon adequate explanation. Considerations include the length of delay, presence of inordinate delay, negligence or lack of due diligence, and absence of cogent reasons explaining the delay. Where an inordinate delay is shown and no adequate explanation or due diligence is provided, condonation is not warranted even if substantial justice considerations are noted.

Conclusion: The application for condonation of delay is rejected and the appeal is dismissed as barred by limitation; decision is against the appellant and in favour of the respondent.

Ratio Decidendi: Condonation of delay under Section 5 requires demonstration of sufficient cause; inordinate delay accompanied by negligence or lack of due diligence and absence of cogent explanation precludes exercise of discretion to condone delay.

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