Debangana Ray
Published on August 12, 2022 at 18:51 IST
The Jammu and Kashmir and Ladakh HC recently ruled that the expression “sufficient cause” under Section 5 of the limitation act has to be given liberal construction.
The bench comprising Justice Sanjay Dhar was hearing a plea where the petitioners had challenged an order passed by learned Additional Sessions Judge, Srinagar, whereby, delay in filing the appeal against the judgment and order passed by Chief Judicial Magistrate, Srinagar has been condoned.
The petitioners in their plea mentioned that delay in filing an appeal on reasons pertaining to administration is not a sufficient cause within the meaning of Section 5 of the Limitation Act.
It is further contended that even after the grant of sanction for filing of the appeal , it took almost one year of unexplained delay for the respondent to file the appeal.
Justice Dhar observed that Section 5 of the Limitation Act provides that an appeal may be submitted after the prescribed period of limitation if the petitioner satisfies the Court that he had a sufficient and reasonable cause for not preferring the appeal within such time period.
The expression “sufficient cause” used in the provision must receive a liberal construction so as to advance substantial justice.
Justice Dhar further observed that the Courts have to adopt a justice-oriented approach, particularly while dealing with the cases where delay is sought to be condoned at the instance of Government functionaries.
Unless there is some serious negligent approach of the Government functionaries in dealing with such matter, the Courts would lean in favour of condoning the delay without insisting upon any explanation of each day’s delay, the bench concluded while dismissing the plea.