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1 - 10 of 14 (0.66 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.)
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 //
"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."
Reliance General Insurance Co.Ltd. vs M/S. Shri Pariyojna Nirman Pvt.Ltd. on 11 August, 2015
In Reliance General Insurance Company Limited Vs. Shri
Pariyojna Nirman Private Limited, IV (2016) CPJ 178 (NC), Hon'ble
National Commission has observed thus :-
Chief Engineer, Jaipur Vidyut Vitran ... vs Hanuman Prasad Meena on 31 July, 2017
In Chief Engineer, Jaipur Vidyut Vitran Nigam Limited and Ors.
Vs. Hanuman Prasad Meen, 2017 (3) CPR 284 (NC), Hon'ble National
Commission has observed thus :-