2018 (3) TMI 1796

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.... appellant herein and affirmed the order dated 16.10.2014 passed by the Family Court, Malappuram in O.P. No.1011 of 2011. 3. Facts of the case lie in a narrow compass and to appreciate the short point involved in these appeals, the facts, however, need mention hereinbelow. 4. Respondent No. 1 is the wife of respondent No.6 and daughter-in-law of the appellant herein whereas respondent Nos. 2 to 5 are the children born out of the wedlock of respondent Nos. 1 and 6. 5. Respondent No. 1 (wife/daughter in law) filed a suit being O.P. 1011 of 2011 against the appellant and respondent No. 6 in the Family Court, Malappuram for realization of the gold ornaments or in the alternative its value, which was alleged t....

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....peal. In the opinion of the High Court, the appellant failed to make out any sufficient cause for condoning the  delay in filing appeal and hence the application seeking condonation of delay of 554 days in filing the appeal was not liable to be condoned. As a result, the appeal was dismissed as barred by limitation, which has given rise to filing of these appeals by way of special leave by defendant No. 1- father-in-law in this Court. 11. Heard learned counsel for the parties. 12. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals, set aside the impugned order, condone the delay in filing appeal before the High Court and remand the case to th....

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.... appellant as  "sufficient cause" within the meaning of Section 5 of the Limitation Act and accordingly should have condoned the delay in filing the appeal. 18. One cannot now dispute the legal proposition that the earlier view of this Court that the appellant was required to explain the delay of each day till the date of filing the appeal has since been diluted by the later decisions of this Court and is, therefore, held as no longer good law. 19. In our considered opinion, having regard to the totality of the facts and circumstances of the case and the cause shown by the appellant, which is duly proved by the documents, we are inclined to hold that the cause shown by the appellant for condoning the delay in filing t....