Law about Delays in Filing Appeals in HC & SC due to mental depression and other conditions..Many times more than 2 years delays… ..
The courts are generally inclined to do justice to parties instead of throwing their appeals on technical grounds…
But many times, after losing a case, a client goes into depression. He loses faith in justice. He recovers from such depression after 2 or 3 years delay… And then he comes to file appeal. Here we have problems. Usually there are no evidence of depression because litigant may not have taken treatment… Then how do we convince courts that litigant was prevented from approaching court due to sufficient cause of mental depression?
Recently SC issued notice in case of physically handicapped person even if he had approached after 4 years delay….
Lord Denning in one article said that Delay should be counted only when a person has capacity to file appeal.
In cases of Depression, a litigant is incapable of taking decision to file appeal.
But question still remains, what evedences should be produced to prove temporary mental illness?