Limitation Act, Section 5 - Appeal before High court was delayed by 554 days

(2018)1 SCeJ 571

SUPREME COURT OF INDIA

 

8th March, 2018

 

(i) Limitation Act, Section 5 - Appeal before High court was delayed by 554 days -  One cannot now dispute the legal proposition that the earlier view of this Court that the appellant was required to explain the delay of each day till the date of filing the appeal has since been diluted by the later decisions of this Court and is, therefore, held as no longer good law.

 

 

(ii) Limitation Act, Section 5 - Appeal before High court was delayed by 554 days - Cause pleaded by appellant therein was relating to his prolonged illness during the period in question - Appellant also filed medical documents to support the factum of his illness during the relevant time - Appellant is an old man and in his late sixties -  It is also not in dispute that he did suffer heart disease during the relevant period and later he was down with dengue fever and that he was hospitalized to get medical treatment for these two ailments for a long time during that period - It is also not in dispute that he was mentally disturbed due to disputes going on in his family and was not able to attend to his day-to-day duties due to his old age and prolonged ailments - High Court found as a fact that the appellant did suffer these ailments - High Court should have taken liberal view in the matter and held the cause shown by the appellant as "sufficient cause" within the meaning of Section 5 of the Limitation Act and accordingly should have condoned the delay in filing the appeal.