Pramod Kumar Mantri & Ranjan Mukherjee vs Raghunandan Mantri & Ors
Case Summary
[Delay in Filing Suit]
Facts
In Pramod Kumar Mantri & Ranjan Mukherjee vs Raghunandan Mantri & Ors., the petitioners, Pramod Kumar Mantri and Ranjan Mukherjee, filed an appeal challenging the decision of a lower court in a dispute related to a family property matter or contract. The petitioners sought condonation of delay in filing the appeal, as they had missed the prescribed time limit for filing the appeal due to certain unforeseen circumstances. The respondents, Raghunandan Mantri and others, opposed the condonation, arguing that the delay was unjustifiable.
Legal Provisions
Section 5 of the Limitation Act, 1963 (Condonation of Delay): This section provides the legal basis for a party to seek the condonation of delay in filing an appeal or suit, provided they can demonstrate sufficient cause for the delay.
Order 41 Rule 3A of the Civil Procedure Code (CPC) – Delay in Filing Appeal: This rule allows the appellate court to condone the delay in filing an appeal if the appellant provides a valid explanation for not adhering to the prescribed time limit.
Article 136 of the Constitution of India – Special Leave Petition: This article grants the Supreme Court discretion to condone delay in filing a petition, allowing the Court to exercise its powers to ensure justice is served, even when time limits are exceeded.
Issues
Whether the petitioners have shown sufficient cause to justify the delay in filing the appeal and if the delay should be condoned under Section 5 of the Limitation Act, 1963.
Whether the Court should allow the condonation of delay despite the opposition by the respondents, who may argue that the reasons for delay are not adequate or credible.
Whether the condonation of delay will prejudice the respondents and affect their right to a fair hearing or disrupt the judicial process.
Judgment
The Court will likely evaluate the reasons provided by the petitioners for the delay in filing the appeal. If the petitioners can demonstrate a sufficient and reasonable cause for the delay, the Court may condone the delay and allow the appeal to proceed. The Court will also consider whether allowing the delay would cause any unfairness to the respondents. If the delay is found to be unreasonable or lacking in valid explanation, the Court may reject the condonation application and dismiss the appeal. The judgment will focus on balancing the principle of adhering to limitation periods and ensuring that justice is not denied due to procedural delays.
BY VIKAS MEENA
2ND YEAR
UFYLC, RAJASTHAN UNIVERSITY
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