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AIR 2014 SUPREME COURT 746
::2013 AIR SCW 6510
Supreme Court Of India
(From : Karnataka)
Hon'ble Judge(s):
B. S. Chauhan,
S. A. Bobde
, JJ
(A) Limitation Act (36 of 1963) , S.5— Condonation of delay - On condition that applicant would lose interest for period of delay - Most inappropriate and not legally sound. Condonation of delay without considering the most relevant factor i.e. 'sufficient cause' only on the condition that applicant would be deprived of interest for the delay period is most in appropriate. Where a case has been presented in the Court beyond limitation, the applicant has to explain the Court as to what was the 'sufficient cause' which means an adequate and enough reason which prevented him to approach the Court within limitation. No Court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by Court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the Court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature.(Para 7 15) (B) Constitution of India , Art.14— Equality - Is positive concept - Cannot be invoked to perpetuate illegality. ....
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