Jyotsna Kanoongo v. Shailendra Kanoongo - Limitation - Delay Condonation - Service Of Notice

Limitation Act 1961- Section 5 - While considering the cause for delay, it is the sufficient cause which would be of paramount consideration. Neither the length of delay nor the number of days of delay would be relevant. If the cause shown is sufficient, the delay irrespective of length, ought to be condoned. On the contrary, if the delay being short, if the cause shown would not inspire any confidence in the court, such delay need not be condoned - Referred to Collector, Land Acquisition, Anantnag v. Mst Katiji AIR 1987 SC 1353. (Para 9)

Practice and Procedure - Service of notice - An endorsement made to the effect “On giving information, not received" in returned postal cover - This would clearly indicate that the serving officer who intended to serve the registered post article on the petitioner, had not served the article, but had left an intimation as contemplated under the postal regulations to the addressee calling upon her to collect the postal article - This by no stretch of imagination can be held as refusal on the part of the petitioner. (Para 7)