Case Law Details
Piedade Carvalho Vs Maria Victoria Boavinda (Bombay High Court)
In this case, the delay was of only 67 days. Further, the explanation offered was that the appellant was illiterate, knowing neither to read nor write. He was a senior citizen suffering from various ailments related to his age. He engaged an Advocate to represent him in the matter, and the Advocate was regularly appearing for them before the trial Court. He has also deposed that he would occasionally attend his Advocate’s office to find out about the status of the case. The appellant explained that in April 2017, however, he could not contact the Advocate due to his ill health and hospitalisation. Therefore, he requested his son to reach the Advocate. There is an explanation about how the Advocate omitted to inform the appellant about the decree in the suit.
The original medical certificates were not annexed along with the Application seeking condonation. Though the respondents did challenge the averments on the affidavit, in my opinion, there was no case for dismissing the Application for condonation of delay. The reasons set out in the Application constitute sufficient cause. The denials were not based upon any material as stated but were mere denials. Based on that, the Application could not have been dismissed simply because the originals of the medical certificate were not produced. Besides, the appellants have not gained anything by delaying the filing of the appeal.
In the case of Balakrishnan V/s. M. Krishnamurthy1, the Hon’ble Supreme Court has held that there may be some lapse in case of an application seeking condonation of delay. However, the delay must be condoned unless the same is malafide or intended to draw some undue advantage.
In this case, the appellants’ overall conduct does not warrant castigating him as an irresponsible citizen. Consequently, the delay of 67 days in instituting an appeal before the First Appellate Court must be condoned.
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