Mithailal Dalsangar Singh And Ors vs Annabai Devram Kini And Ors on 16 September, 2003
11.3 In case of Lanka Venkateshwarlu (D) (supra) referred by
counsel for petitioners declined to condone the delay of two years
and observed, placing reliance on the previous judgment passed in
case of Mithailal Dalsangar Singh & Ors. Vs. Annabai
Devram Kini & Ors. [AIR 2003 SC 4244] that even if the term
"sufficient cause" has to receive liberal construction, it must
squarely filed within the concept of reasonable time and proper
conduct of the concerned parties. The purpose of introducing the
liberal construction normally is to introduce the concept of
reasonableness as it is understood in its general connotation. The
law of limitation is a substantive law and has defined
consequences on the right and application of a party to arise.
Once a valuable right, has accrued in favour of one party as a
result of failure of other party to explain the delay by showing
sufficient cause and its own conduct, it will be unreasonable to
take away that right on the mere asking of applicant, particularly
when the delay is directly a result of negligence, default or
inaction of that party. Justice must be done to both parties
equally. If a party has been thoroughly negligent in implementing
its rights and remedies, it will be equally unfair to deprive the
other party of a valuable right that is accrued to it in law as a
result of his acting vigilantly.