Litigant Seeking To Condone Delay Must Explain Why Appeal Was Not Filed From First Day Within Limitation Period : Supreme Court

The Supreme Court has held that when a litigant applies to condone the delay in the filing of an appeal, then they should also explain why the appeal was not filed within the limitation period itself. While the Court acknowledged that a litigant has the right to wait till the last day of the limitation to file an appeal, when they allow the limitation period to expire, they have to explain why the appeal was not filed within the period itself. But when it allows the limitation to expire and pleads sufficient cause for not filing the appeal earlier, the sufficient cause must establish that because of some event or circumstance arising before the limitation expired it was not possible to file the appeal within time. But that the limitation has been allowed to expire without the appeal being filed must be traced to a cause arising within the period of limitation."