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Supreme Court Of India

(From : 2003 AIHC 3821 (Punj and Har))

Hon'ble Judge(s): B. S. Chauhan, Swatanter Kumar , JJ

(A) Civil P.C. (5 of 1908) , O.22 R.9— Limitation Act (36 of 1963) , S.5— Application for setting aside abatement - Delay - Condonation - Conduct of applicant - Ground raised that applicants were staying away from their father (deceased) - Had no knowledge of pending appeal - Acquired knowledge only when counsel informed them about hearing of appeal - Ground that applicants were staying away contrary to one taken in application for bringing LRs on record - Assertion that applicants had no knowledge - Unbelievable as one applicant was examined in trial - Application in fact made much after applicants were informed by counsel - Delay of over two years not liable to be condoned. (Para 6 17) (B) Limitation Act (36 of 1963) , S.5— Civil P.C. (5 of 1908) , O.22 R.9— Condonation of delay - Sufficient cause - "Liberal approach" - Does not mean doing injustice to opposite party - Application to set aside abatement - Made belatedly - Ground raised for condonation not sufficient and also unbelievable - Delay cannot be condoned - Provisions of O.22, R.9 cannot be so construed so as to make it redundant. AIR 2004 SC 4158, Held Per incuriam. Even if the term 'sufficient cause' has to receive liberal construction, it must square....