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1 - 10 of 11 (0.24 seconds)Parimal vs Veena @ Bharti on 8 February, 2011
"9. Sufficient cause is the cause for which defendant could not be
blamed for his absence. The meaning of the word "sufficient" is
"adequate" or "enough", inasmuch as may be necessary to answer the
purpose intended. Therefore, the word "sufficient" embraces no more
than that which provides a platitude, which when the act done suffices to
accomplish the purpose intended in the facts and circumstances existing
in a case, duly examined from the view point of a reasonable standard of
a cautious man. In this context, "sufficient cause" means that the party
should not have acted in a negligent manner or there was a want of bona
fide on its part in view of the facts and circumstances of a case or it
cannot be alleged that the party has "not acted diligently" or "remained
inactive". However, the facts and circumstances of each case must afford
sufficient ground to enable the Court concerned to exercise discretion for
the reason that whenever the Court exercises discretion, it has to be
exercised judiciously. The applicant must satisfy the Court that he was
prevented by any "sufficient cause" from prosecuting his case, and
unless a satisfactory explanation is furnished, the Court should not
allow the application for condonation of delay. The court has to examine
whether the mistake is bona fide or was merely a device to cover an
ulterior purpose. (See: Manindra Land and Building Corporation Ltd. v.
Bhootnath Banerjee &Ors., AIR 1964 SC 1336; Lala Matadin v.
A.Narayanan, AIR 1970 SC 1953; Parimal v. Veena alias Bharti AIR
2011 SC 1150 : (2011 AIR
SEW 1233); and Maniben Devraj Shah v. Municipal Corporation of
Brihan Mumbai, AIR 2012 SC 1629 : (2012 AIR SCW 2412.)
// 4 //
Cordcon Builders Pvt. Ltd. & Anr. vs Valerian Anthony Diago on 16 April, 2015
In Cordcon Builders Pvt. Ltd. & Anr. Vs. Valerian Anthony Diago &
Anr. 2015 (2) CPR 517 (NC), Hon'ble National Commission has observed
thus :-
M/S. Samia International Builders (P) ... vs Neeta Rani on 3 November, 2015
9. In M/s. Samia International Builders (P.) Ltd. Vs. Neeta Rani, 2016
(1) CPR 19 (NC), Hon'ble National Commission has observed that "Sufficient
cause for condoning delay in each case question of fact. No leniency should be shown
to such type of litigants, who in order to cover up their own fault and negligence, go
on filing merit less petitions in different foras."
M/S. Ruturaj Construction vs Prakash Ramchandra Kale on 3 December, 2015
In Rituraj Construction Vs. Prakash Ramchandra Kale, I (2016) CPJ
272 (NC), Hon'ble National Commission has observed thus :-
Senior Superintendent Of Post Offices & ... vs M/S. Pankaj Kansal & Sons, Huf & Anr. on 13 December, 2017
In Sr. Superintendent of Post Offices & Anr. Vs. Modi (HUF), 2016 (2)
CPR 577 (NC), Hon'ble National Commission, has observed that "Inordinate
delay of 305 days in filing of Revision Petition cannot be condoned."
Bappanand Narshimman Annu vs Hiramanidevi G.S. Gupta And Ors. Etc. ... on 30 January, 2017
"8. Tested on the touchstone of the broad principles laid down in a catena of
decisions of the Hon'ble Supreme Court, viz., 'sufficient cause' cannot be
construed liberally if negligence, inaction or lack of bonafides are attributable
to the party, praying for exercise of such discretion in its favour, and that when
a statute provides for a particular period of limitation, it has to be applied with
all its rigors, as an unlimited limitation leads to a sense of uncertainty, we are
of the view that the State Commission has not committed any jurisdictional
error in coming to the conclusion that a case for condonation of the said delay
was not made out."
Manager Srei Equipment Finance Ltd. & ... vs Raghunath Prasad Lahre on 5 July, 2018
13. We have perused the record of the District Forum. Earlier the OPs have
filed Appeal No.FA/2018/245, Manager, Srei Equipment Finance Ltd. and
Another Vs. Raghunath Prasad Lahre, and vide order dated 5th July, 2018,
this Commission has allowed the appeal filed by the OPs and impugned
order dated 16.02.2018, passed by the District Forum, was set aside.
Consequently the complaint filed by the complainant stand dismissed. It
shows that in the month of April, 2018 the OPs have filed Appeal
No.FA/2018/245 before this Commission against the order dated 16.02.2018,
passed by the District Forum and vide order dated 05.07.2018, the appeal of
the OPs was allowed by this Commission and complaint of the complainant
was dismissed. Even, then the complainant filed the instant appeal before this
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Commission, whereas the appeal filed by the OPs has already been allowed
and the complaint, was dismissed, therefore, the only remedy available to the
complainant is to file Revision Petition before the Hon'ble National
Commission. Instead of filing Revision Petition before Hon'ble National
Commission, the appellant (complainant) has filed the instant appeal, which
is not maintainable. Even the instant appeal has been filed by the appellant
(complainant) belatedly.
The Consumer Protection Act, 1986
Manindra Land And Buildingcorporation ... vs Bhutnath Banerjee And Others on 2 May, 1963
"9. Sufficient cause is the cause for which defendant could not be
blamed for his absence. The meaning of the word "sufficient" is
"adequate" or "enough", inasmuch as may be necessary to answer the
purpose intended. Therefore, the word "sufficient" embraces no more
than that which provides a platitude, which when the act done suffices to
accomplish the purpose intended in the facts and circumstances existing
in a case, duly examined from the view point of a reasonable standard of
a cautious man. In this context, "sufficient cause" means that the party
should not have acted in a negligent manner or there was a want of bona
fide on its part in view of the facts and circumstances of a case or it
cannot be alleged that the party has "not acted diligently" or "remained
inactive". However, the facts and circumstances of each case must afford
sufficient ground to enable the Court concerned to exercise discretion for
the reason that whenever the Court exercises discretion, it has to be
exercised judiciously. The applicant must satisfy the Court that he was
prevented by any "sufficient cause" from prosecuting his case, and
unless a satisfactory explanation is furnished, the Court should not
allow the application for condonation of delay. The court has to examine
whether the mistake is bona fide or was merely a device to cover an
ulterior purpose. (See: Manindra Land and Building Corporation Ltd. v.
Bhootnath Banerjee &Ors., AIR 1964 SC 1336; Lala Matadin v.
A.Narayanan, AIR 1970 SC 1953; Parimal v. Veena alias Bharti AIR
2011 SC 1150 : (2011 AIR
SEW 1233); and Maniben Devraj Shah v. Municipal Corporation of
Brihan Mumbai, AIR 2012 SC 1629 : (2012 AIR SCW 2412.)
// 4 //