Limitation Act: Sufficient Cause U/S 5 Of Must Be Liberally Constructed So As To Advance Substantive Justice

Case: Dr Lahoot Hassan & Ors Vs SHO Vigilance Organization Kashmir

Coram: Justice Sanjay Dhar

Case No.: CRMC No.84/2018

Court Observation: “This is so, because of the peculiar functioning of Government departments where files move from one table to another and the decision making by very nature of the functioning of the bureaucracy takes a long time”

“It is true that Section 5 of the Limitation Act envisages explanation of the delay to the satisfaction of the Court and in matters of Limitation Act made no distinction between the State and the citizen. Nonetheless adoption of strict standard of proof leads to grave miscarriage of public justice, it would result in public mischief by skillful management of delay in the process of filing the appeal. The approach of the Court would be pragmatic but not pedandic”

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