Condonation of delay in Medical Negligence Cases in India
Whether the cause can be recorded in the peculiar circumstances of the case as sufficient?
NCDRC after relying on various case law allowed condonation of 57 days in filing appeal before SCDRC, A.P. and referred matter for consideration on merit.
The Supreme Court observed that the expression “sufficient cause” in Section 5 of the Limitation Act, must receive a liberal construction so as to advance substantial justice and generally delays be condoned in the interest of justice where gross negligence or deliberate inaction or lack of bona fides is not imputable to the party seeking condonation of delay.
the Hon’ble Supreme Court held that condoning an inordinate delay without sufficient cause, would amount to substituting the period of limitation by the court in place of the period prescribed by the legislature.
In this context as in the case of Nagaland’s judgment, Hon’ble Supreme Court held that the proof by sufficient cause is a condition precedent for exercise of the extraordinary restriction (sic discretion) vested in the court. What counts is not the length of the delay but the sufficiency of the cause and shortness of the delay is one of the circumstances to be taken into account in using the discretion.
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