Nepal Pandit v. Gopal Pandit
Civil Procedure – Restoration of appeal dismissed for default (Order XLI Rule 19 CPC) – Condonation of 1131 days' delay
Case brief
What is this about?
Jharkhand High Court, Ranchi; C.M.P. No. 700 of 2025; Nepal Pandit v. Gopal Pandit & 8 Ors.; Justice Gautam Kumar Choudhary; order dated 14.11.2025; restoration under Order XLI Rule 19 CPC of Misc. Appeal No. 51 of 2020 (probate appeal) dismissed for default on 28.07.2021; condonation of 1131-day delay refused; laches/negligence of conducting counsel held not to be sufficient cause under Section 5 of the Limitation Act for delays exceeding 1000 days; civil miscellaneous petition dismissed.
What did the court decide?
Laches on the part of the conducting counsel cannot be accepted as a basis for condoning delay exceeding 1000 days under Section 5 of the Limitation Act; there must be some bona fide explanation and substantial reasons, and mere lapse of time or negligence over significant periods like 1000 days does not constitute 'sufficient cause'.