Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
R. G. AVACHAT, ABASAHEB D. SHINDE
Chief Executive Officer Zilla Parishad Aurangabad – Appellant
Versus
Ambadas s/o Yeduba Jumde – Respondent
JUDGMENT :
Abasaheb D. Shinde J.
1. Heard the learned Counsel for the Applicants and the learned AGP for Respondent Nos.2 to 4.
2. By this Civil Application, the Applicants/Original Respondent Nos.4 to 6 in Writ Petition No.6728 of 2019 are seeking condonation of delay of 3 years and 3 months in filing Review Petition, seeking review of order dated 11.06.2019 passed in Writ Petition No.6728 of 2019.
3. The learned Counsel for the Applicants submits that though the order of which the review has been sought is passed on 11.06.2019, however, considering the fact that the said order involves financial implications, the Applicants have decided to file Review Petition. The learned Counsel for the Applicants further submits that the Applicants being local self-government required some time to take policy decision of filing Review Petition. It is further contended that, the decision making process of the local self-government is clumsy and time consuming. It is further contended that the Applicants after receiving the instructions from the State Government of filing Review Petition took some time to complete the necessary formalities as well as procedural compliances hence there is a delay of
The court ruled that local self-governments must adhere to limitation laws with no special exemptions and must provide adequate justification for any delay in filing petitions.
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
The court ruled that a party cannot justify an inordinate delay in filing a review petition based on subsequent overruling of a prior decision, as it violates the principles of limitation and suffici....
The main legal point established in the judgment is the requirement for a bona fide explanation for delay in filing applications under Section 5 of the Limitation Act, 1963. The court emphasized the ....
The court emphasized the need to adhere to the statutory limitation period and the requirement of showing sufficient cause for delay in seeking review of judgment and decree.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
