Title: Sathy M.P and Anr v. Sarasa and Ors
Decided on: 06 November, 2023
+ RP No. 497 of 2015
CORAM: HON’BLE Justice K. Babu
Introduction
The power of attorney holder, a chronic asthma patient undergoing treatment, was unable to file the review petition within the allotted period, therefore the Kerala High Court recently declined to excuse the 288-day delay.
Facts of the Case
The review petitioners requested a 288-day delay be excused from the court, citing the power of attorney holder’s severe asthmatic issues and related diseases since 2014, for which he was receiving home treatment from his daughter. They further claimed that because of his illness, the review petitions could only be submitted in May 2015, even though the corrected judgment had been issued to them in October 2014.
Courts analysis and decision
The Court concluded that a liberal interpretation of “sufficient cause” should be applied in order to ensure that substantial justice is served by reviewing Section 5 of the Limitation Act and many precedents. Nevertheless, it was stated that this would only be the case if the party in question could not be held accountable for their actions, indifference, or lack of sincerity. Whether or not adequate cause has been shown would depend on the specific facts of each instance. The Court also determined that there would be no straitjacket formula in this context. In this case, the court found that neither the review petitioners’ nor their attorneys’ papers had been presented to the court to suggest that they were inconvenienced or found the prosecution of the case onerous, nor had they offered any justification for the 288-day wait.
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Written by- Hargunn Kaur Makhija
