Limitation actCondonationSupreme Court of India

N. Balakrishnan v M. Krishnamurthy

(1998) 7 Supreme Court Cases 12319981 min read
The case in brief30-second read
Facts
An appeal was filed with a significant delay beyond the limitation period. The applicant sought condonation under Section 5 of the Limitation Act. The respondent objected that the delay was too long to condone.
Issue
Whether the length of delay is the determining factor in condonation applications.
Held
Length of delay is a relevant factor but not determinative.
Principle
Length of delay is a factor but not determinative in condonation applications under S.5 Limitation Act. Even a long delay may be condoned if the cause is genuine and bona fide throughout the entire period.
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Facts

  • An appeal was filed with a significant delay beyond the limitation period
  • The applicant sought condonation under Section 5 of the Limitation Act
  • The respondent objected that the delay was too long to condone

Issue

  1. Whether the length of delay is the determining factor in condonation applications.

Held

  • Length of delay is a relevant factor but not determinative
  • Even a long delay may be condoned if the cause is genuine throughout the entire period
  • The court examines quality of the cause, not merely the quantity of days
  • There is no absolute ceiling beyond which condonation becomes impossible
  • What matters is whether the delay is explained by genuine, bona fide reasons

Ratio decidendi

Length of delay is relevant but not determinative. The quality of the cause (genuineness throughout) matters more than the quantity of days delayed.

Exam use

How to use it in an answer

- Key line: "In N. Balakrishnan (1998), the Supreme Court held that length of delay is not determinative. Even long delays may be condoned if the cause is genuine throughout."

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Citation

N. Balakrishnan v. M. Krishnamurthy (1998) 7 Supreme Court Cases 123

Reported: (1998) 7 SCC 123; verified via standard Limitation Act references. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.