Kumari Sahu Vs Bhubanananda Sahu - S 5 Limitation Act - Delay - Advocate's Fault

Limitation Act 1963 - Section 5 - HC dismissed second appeal on the sole ground of delay of 225 days - Before SC, Appellant contended that homemaker and a rustic woman could not prefer the appeal in time due to laches on part of her Counsel and the said delay was not deliberate in nature - Allowing appeal, SC observed: We are aware of the caution that needs to be exercised in matters relating to condonation of delay of longer durations. However, it must be noted that balancing of scales of justice becomes imperative when it comes to such matters, especially given the socio-economic background of a large number of India’s population who approach these doors of justice as litigants - Quoted from Rafiq v. Munshilal (1981) 2 SCC 788 on delay due to Counsel’s fault- Even though the above-quoted case law is from the year 1981, we cannot deny the fact that the ground reality of a considerable proportion of litigants being completely dependent on their counsel remains the same, especially in regions with lower economic and educational prowess.