2022 (4) TMI 1348

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....s that the appeal was presented into the Court as early as on 31.07.2008, but the appeal papers could not be traced out in the office of the Court for long years as the papers were returned. 4. A perusal of the entire case bundle reveals that there is no proof to establish that the appeal was filed on 31.07.2008. Contrarily, one vakalat nama of Sri. M.S. Balasubramania Iyer is available in the case bundle, which shows that the said vakalat was filed on 16.10.2015. However, there is no SR number or other details available in the vakalat to establish that the vakalat was properly filed before the Court. Mere affixing a seal of the Madras High Court is insufficient as such filing of papers must be registered in the appropriate register main....

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....ility' and 'unacceptability', as far as the condonation of delay is concerned. The reasons and its genuinity are important for condoning the delay. It became unnecessary that the Courts have to consider the precedents and condone the delay thereafter or reject the same. There are judgments for and against, but predominantly the facts, circumstances and the genuinity of the reasons of each case plays a pivotal role in considering the relief of condonation of delay. 7. Question may arise the purpose and object of the law of limitation as refusal of condonation of delay sometime causes denial of rights to the litigants. However, there is a definite purpose for prescription of period of limitation for institution of litigations/a....

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.... will also be affected and further it will lead to unnecessary harassment for a prolonged period. All these mitigating factors are to be considered while condoning the huge delay in instituting the litigations/appeals. Thus, the law of limitation has got a definite reasoning and logic. Various time limitations prescribed under many statutes are adopting the principles of "Doctrine of Reasonableness". 9. The principles of reasonableness would be adopted with reference to the nature of litigations to be instituted. Various time limits are prescribed for civil litigations, appeals and other varieties of litigations, considering various factors and by applying the doctrine of reasonableness. Thus, the law of limitation became substantive and....