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
// 5 //
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.)
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
// 5 //
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.)
"11. Hon'ble Apex Court in Post Master General & Ors. Vs.
Living Media India Ltd. and Anr. (2012) 3 SCC 563, has not
condoned delay in filing appeal even by Government department
and further observed that condonation of delay is an exception
and should not be used as an anticipated benefit for the
Government departments.