Ramlal, Motilal and Chhotelal vs. Rewa Coalfields Ltd [AIR 1962 SC 361]: Supreme Court of India
For delay to be condoned, the party will have to show sufficient cause not only for not filing the appeal on the last day but to explain the delay made thereafter day by day
8. Now, what
do the words “within such period” denote? It is possible that the
expression ‘within such period” may sometimes mean during such period. But
the question is: Does the context in which the expression occurs in s. 5 justify
the said interpretation? If the limitation Act or any other appropriate statute
prescribes different periods of limitation either for appeals or applications
to which s. 5 applies that normally means that liberty is given to
the party intending to make the appeal or to file an application to act within
the period prescribed in that behalf. It would not be reasonable to require a
party to take ‘the necessary action on the very first day after the cause of action
accrues. In view of the period of limitation prescribed the party would be
entitled to take its time and to file the appeal on any day during the said
period and so prime facie it appears unreasonable that when delay has been made
by the party in filing the appeal it should be called upon to explain its
conduct during the whole of the period of limitation prescribed. In our
opinion, it would be immaterial and even irrelevant to invoke general considerations
of diligence of parties in construing the words of s. 5. The
context seems to suggest that “within such period” means within the
period which ends with the last day of limitation prescribed. In other words,
in all cases falling under s. 5 what the party has to show is why he
did not file an appeal on the last day of limitation prescribed. That may
inevitably mean that the party will have to show sufficient cause not only
for-not filing the appeal on the last day but to explain the delay made thereafter
day by day. In other words, in showing sufficient cause for condoning the delay
the party may be called upon to explain for the whole of the delay covered by
the period between the last day prescribed for filing the appeal and the day on
which the appeal is filed. To hold that the expression “within such
period” means during such period would in our opinion be repugnant in the
context.”