2013 AIR SCW 6158 ::(2013) 2 CLR 967 (SC) ::(2014) 3 CivLJ 714 ::2013 (12) SCC 649 ::(2013) 4 RecCivR 785 ::(2013) 11 Scale 418 ::(2013) 4 CurCC 32 ::AIR 2014 SC (Civil) 67 ::(2014) 1 CalLT 42 ::(2014) 4 Cal HN 127 ::(2014) 1 ICC 71 ::(2013) 4 ESC 656 ::(2013) 5 Mad LW 20 ::(2014) 1 JLJR 96 ::(2014) 1 Pat LJR 290 ::(2014) 5 ServLR 288 ::(2014) 1 ServLJ 20 ::(2014) 2 All WC 1655 ::(2014) 1 AndhLD 21

Supreme Court Of India

(From : Calcutta)

Hon'ble Judge(s): Anil R. Dave, Dipak Misra , JJ

(A) Limitation Act (36 of 1963) , S.5— Condonation of delay - Grounds for - Approach to be adopted by Courts while dealing with application for condonation of delay - Principles culled out from binding precedents stated. The principles that can broadly be culled out are: (i) There should be a liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for condonation of delay, for the Courts are not supposed to legalize injustice but are obliged to remove injustice. (ii) The terms "sufficient cause" should be understood in their proper spirit, philosophy and purpose regard being had to the fact that these terms are basically elastic and are to be applied in proper perspective to the obtaining fact-situation. (iii) Substantial justice being paramount and pivotal the technical considerations should not be given undue and uncalled for emphasis. (iv) No presumption can be attached to deliberate causation of delay but, gross negligence on the part of the counsel or litigant is to be taken note of. (v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact. (vi) It is to be kept in mind that adherence to strict proof should not affect public justice and cause public mischief because the Courts ....