Section 5 of Limitation Act - Delay Condonation

2010(6) CURRENT TAMILNADU CASES – Page 10

Limitation Act, 1963 (36 of 1963), Section 5 – Sufficient cause – Petition filed to condone delay of 1128 days on ground that petitioner obtained knowledge of Exparte decree only during Execution proceedings  - Records show that petitioner appeared through counsel and failed to cross-examine plaintiff’s witness inspite of several adjournments and left suit for exparte decree – No sufficient cause shown – contention that petitioner had no knowledge about Exparte decree, untenable – Order of Trial court dismissing application, held, valid.

Practice and procedure – Advocate is an officer of court – Duty of advocate is to protect dignity of judicial institution, apart from defending his client legally – He cannot be carried away by improper instructions of party and adopt tactics, such as forum shopping on flimsy grounds.