Limitation Act

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.”