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TMI Blog2018 (3) TMI 1796X X X X Extracts X X X X X X X X Extracts X X X X ..... putes going on in his family and was not able to attend to his day-to-day duties due to his old age and prolonged ailments. High Court did not dispute the genuineness of these facts and nor disputed the genuineness of the documents filed by the appellant in support of the cause pleaded. On the other hand, the High Court found as a fact that the appellant did suffer these ailments. In our opinion, the High Court should have taken liberal view in the matter and held the cause shown by the appellant as sufficient cause within the meaning of Section 5 of the Limitation Act and accordingly should have condoned the delay in filing the appeal. One cannot now dispute the legal proposition that the earlier view of this Court that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involved in these appeals, the facts, however, need mention hereinbelow. 4. Respondent No. 1 is the wife of respondent No.6 and daughter-in-law of the appellant herein whereas respondent Nos. 2 to 5 are the children born out of the wedlock of respondent Nos. 1 and 6. 5. Respondent No. 1 (wife/daughter in law) filed a suit being O.P. 1011 of 2011 against the appellant and respondent No. 6 in the Family Court, Malappuram for realization of the gold ornaments or in the alternative its value, which was alleged to have given by her parents to the appellant and respondent No. 6 in her marriage with respondent No. 6 and also for grant of maintenance under Section 26 of the Family Courts Act. 6. This su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 554 days in filing the appeal was not liable to be condoned. As a result, the appeal was dismissed as barred by limitation, which has given rise to filing of these appeals by way of special leave by defendant No. 1 father-in-law in this Court. 11. Heard learned counsel for the parties. 12. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals, set aside the impugned order, condone the delay in filing appeal before the High Court and remand the case to the High Court for deciding the appeal filed by the appellant on merits. 13. We have perused the contents of the application and the affidavit filed by the appellant before the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot now dispute the legal proposition that the earlier view of this Court that the appellant was required to explain the delay of each day till the date of filing the appeal has since been diluted by the later decisions of this Court and is, therefore, held as no longer good law. 19. In our considered opinion, having regard to the totality of the facts and circumstances of the case and the cause shown by the appellant, which is duly proved by the documents, we are inclined to hold that the cause shown by the appellant for condoning the delay in filing the appeal before the High Court was/is a sufficient cause within the meaning of Section 5 of the Limitation Act and, therefore, the application filed by the appellant for condonatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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