https://www.taxtmi.com/caselaws?id=456792 Bombay HC dismissed a second appeal challenging the trial court's refusal to condone a delay of over 1 year and 8 months in filing a regular civil appeal against an injunction suit decision. The court held that under Section 5 of the Limitation Act, condonation is discretionary and requires sufficient cause, prima facie merits, and bona fides. Since the original suit lacked cause of action and the matter was already finally decided, the delay did not deserve condonation. The appellate court will not interfere with lower court's discretion unless exceptional circumstances exist. en-us Fri, 14 Mar 2014 00:00:00 +0530 Wed, 14 Aug 2024 21:20:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456792 Bombay HC dismissed a second appeal challenging the trial court's refusal to condone a delay of over 1 year and 8 months in filing a regular civil appeal against an injunction suit decision. The court held that under Section 5 of the Limitation Act, condonation is discretionary and requires sufficient cause, prima facie merits, and bona fides. Since the original suit lacked cause of action and the matter was already finally decided, the delay did not deserve condonation. The appellate court will not interfere with lower court's discretion unless exceptional circumstances exist. Case-Laws Indian Laws Fri, 14 Mar 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456792