2024 (7) TMI 1758

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....of 170 days in institution of the first appeal has been assailed by the petitioner/defendant in this civil revision petition. 2. Facts. 2(i). The respondent had instituted a civil suit for declaration to the effect that a registered Will executed by her father-Sh. Atma Ram on 07.10.1983 in favour of the present petitioner was illegal, inoperative, null & void, and sham document having no impact upon her rights. 2(ii). The civil suit instituted by the respondent on 27.05.2015 against the present petitioner was dismissed by the learned Trial Court on 22.02.2022. 2(iii). The respondent preferred an appeal against the aforesaid judgment and decree passed by the learned Trial Court before the learned First Appellate Court. Her appeal....

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....condonation of delay, learned counsel for the petitioner/defendant relied upon Pathapati Subba Reddy (Died) by L.Rs. and Others vs. Special Deputy Collector (LA) 2023 SCC OnLine SC 513, wherein the principles of law of limitation were culled out as under:- "26. On a harmonious consideration of the provisions of the law, as aforesaid, and the law laid down by this Court, it is evident that: (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time; (iii) The pr....

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....pproach and cause of substantial justice is required to be kept in mind, however, the same cannot be used to defeat the substantial law of limitation contained in Section 3 of the Limitation Act. Section 3 has to be construed in a strict sense, wherein Section 5 has to be construed liberally. 4(iv). In the instant case, respondent had filed the appeal against the judgment and decree passed by learned Trial Court dismissing her civil suit. The First Appellate Court was the last Court of facts available to her. The respondent has established sufficient and cogent reasons for not being able to institute the appeal within permissible period. Learned counsel for the petitioner/defendant has also not disputed the fact that respondent/plaintiff....