Supreme Court explains the difference in factors to be considered while deciding condonation of delay application either U/S 5 or U/S 14 of Limitation Act

Also, it must be remembered that merely because sufficient cause has been made out in the facts of a given case, there is no right in the Appellant to have delay condoned. This was felicitously put in Ramlal v. Rewa Coalfields Ltd.,   MANU/SC/0042/1961 : (1962) 2 SCR 762 as follows: {Para 60}

It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the court by Section 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone. If sufficient cause is shown then the Court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the Court may regard as relevant. It cannot justify an enquiry as to why the party was sitting idle during all the time available to it. In this connection we may point out that considerations of bona fides or due diligence are always material and relevant when the Court is dealing with applications made Under Section 14 of the Limitation Act. In dealing with such applications the Court is called upon to consider the effect of the combined provisions of Sections 5 and 14. Therefore, in our opinion, considerations which have been expressly made material and relevant by the provisions of Section 14 cannot to the same extent and in the same manner be invoked in dealing with applications which fall to be decided only Under Section 5 without reference to Section 14. (page 771).

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 995 of 2021.

Decided On: 19.03.2021

Government of Maharashtra (Water Resources Department) Vs. Borse Brothers Engineers & Contractors Pvt. Ltd.

Hon'ble Judges/Coram:

Rohinton Fali Nariman, B.R. Gavai and Hrishikesh Roy, JJ.

Author: Rohinton Fali Nariman, J.

Citation: (2021)6 SCC 460,2021SCCONLINE SC 233, MANU/SC/0195/2021.

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