DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

2017

SYNOPSIS

ON

Condonation of delay; sufficient cause

SUBMITTED BY: SUBMITTED TO:

ALOK KUMAR SINGH MR. VIPUL VINOD

ROLL NO: 22 FACULTY OF LAW

SECTION A DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER VI NATIONAL LAW UNIVERSITY

INTRODUCTION
The provision of section 5 and the observations made by the Apex Court show that there are two
considerations in section 5 of the Limitation Act. The provision needs to be considered from both
the angles mentioned by the Apex Court. So far as the construction of expression sufficient
cause is concerned, the law is well settled. Section 5 does not require a good cause but
requires sufficient cause which is something more than good cause. The expression sufficient
cause is not defined but it is laid down by various Courts that it must mean a cause which is
beyond the control of the party invoking the section. Any cause which prevents the parties
approaching the Court within time is sufficient. Here only it needs to be observed that the cause
must have arisen within prescribed time and the cause must have continued beyond that. In
ascertaining cause, the test of reasonable needs to be applied. The regard rests on the parties
seeking condonation of delay. He needs to discharge it by adducing evidence. The Apex Court
has laid down that the purpose of provision is to advance substantial justice and so the Court
using discretion whether denying must prima facie ascertain of relief would amount to frustrating
meritorious case and denying substantial justice. As care needs to be taken in this regard, it can
be said that the expression sufficient cause is widely elastic. In one case, a ground may not be
acceptable as sufficient ground for condonation of delay but the same ground in other case, in
view of facts and circumstances of that case, may be a valid ground for condonation of delay. In
one case if Court that the party seeking condonation has arguable finds case, there is prima facie
merit in the matter, the Court may hold on the basis of explanation given by the party that
sufficient cause is shown. In other case even when the ground is the same, if Court finds that
condoning the delay would unnecessarily cause harassment to the other side, it will be defeating
the interests of justice, the party applying for condonation has is no arguable case, the Court may
refuse to condone the delay.

Research Question

A. What do we understand by condonation of delay in case of appeal?

B. What is the sufficient cause for granting condonation of delay?
Research Methodology:

The methodology adopted by me is that of literature review wherein I have referenced some past
researches and have taken help of already done and existent data to draw conclusions. My
research solely based upon secondary means in which I have taken help of books, magazines
articles and law journals to form opinions. Methodology adopted by me is that of doctrinal in
nature.

Tentative Chapterization:

1. Introduction
2. General Principles To Be Followed
3. Condonation of delay Is Matter of Discretion of the Court
4. Case Law
5. Conclusion

Bibliography:

https://www.lawteacher.net/free-law-essays/civil-law/sufficient-cause.php accessed on
28/2/2017
http://www.legalblog.in/2011/02/condonation-of-delay-law.html accessed on 28/2/2017
Thakkar CK - Civil Procedure Code