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1 - 10 of 13 (0.74 seconds)Section 5 in The Limitation Act, 1963 [Entire Act]
Ram Nath Sao @ Ram Nath Sahu And Others vs Gobardhan Sao And Others on 27 February, 2002
11.4 In case of Ram Nath Sao @ Ram Nath Sahu (supra),
referred by counsel for respondents, the Supreme Court has
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(17 of 18) [CR-37/2010]
observed that expression "sufficient cause" within the meaning of
Section 5 of the Limitation Act which receive liberal construction
so as to advance substantial justice when no negligence or
inaction or want of bonafide is imputable to party. Applying this
ratio to the facts of present case, the original plaintiffs were not
only negligent in pursuing their suit for specific performance as
also not moving any application for restoration but applicants, who
moved the application, are not bonafide and have not come with
clean hands.
Pundlik Jalam Patil (D) By Lrs vs Exe.Eng. Jalgaon Medium Project & Anr on 3 November, 2008
In case of
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(15 of 18) [CR-37/2010]
Pundlik Jalam Patil (supra), the Supreme Court has observed as
under:-
P.K. Ramachandran vs State Of Kerala & Anr on 19 September, 1997
In this case, the Supreme Court
relied on the previous judgment delivered in case P.K.
Ramchandran Vs. State of Kerala & Anr. [AIR 1998 SC
2276] wherein the Supreme Court has observed as under:-
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.
Article 122 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Majji Sannemma @ Sanyasirao vs Reddy Sridevi on 16 December, 2021
11.1 In case of Majji Sannemma (supra) referred by counsel for
petitioners, the Supreme Court observed that the words "sufficient
cause" should receive a liberal construction so as to advance
substantial justice when no negligence nor inaction nor any lack of
bonafide is imputable to applicants.