N. Balakrishnan v. M. Krishnamurthy

(1998) 7 Supreme Court Cases 123Supreme Court of India1998Civil Procedure Code and Law of Limitation
limitation-actsection-5condonationlength-of-delay

Rule established

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.

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.

How to use it in an exam

- 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."

Source

Source: (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.

Cited in study notes

Condonation of DelayLength of delay as factor