Smt. Dulari Devi vs . Subodh Kumar. on 23 July, 2012
Reference can be made to "Joseph John Vs.
10/13 Dulari Devi Vs. Subodh Kumar M. no.25/11
Joseph (Man/KE/0358/2001 and M/s Krishna Continental Ltd. Vs. Balkrishan
Sharma FAO no.129-130/2005 & CM No.6836/2005 it is held that there
should be some extenuating circumstances justifying the condonation of
delay U/s 5 of Limitation Act. It is a settled law that each days delay has to
be explained and in the absence thereof, the delay cannot be condoned. In
the present case in hand each day delay has not been explained. No
sufficient cause has been shown and when the medical certificate is doubtful
& the conduct of defendant is such which is apparent on record that he
wants to delay the case, I am of the considered view that application bears
no merits and the same is dismissed.