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ARVIND KUMAR VERMA
Vijay Kumar Soni S/o Late Shri Rangnath Soni – Appellant
Versus
Omprakash S/o Late Ramnath Soni – Respondent
JUDGMENT :
Shri Arvind Kumar Verma, J.
1. Heard on I.A. No.1/2024, application for condonation of delay in filing the instant review petition for modification in judgment dated 01.09.2012 & decree dated 14.09.2012.
2. The instant review petition has been filed by the petitioner under Section 114 read with Order 47 Rule 1 read with Sections 151 & 152 of the Civil Procedure Code, 1908 for review of judgment dated 01.09.2012 and decree dated 14.09.2012 and modify the judgment and decree by rectifying the error apparent on the fact of record and making the compromise deed as a part of the decree which has been barred by 4169 days i.e. approximately 11 years 42 days.
3. The review petitioner has approached this Court seeking review of the order dated 01.09.2012 by which S.A. No. 181 of 2005 has been dismissed as withdrawn by the Lok Adalat and thereafter, decree be drawn vide order dated 14.09.2012. The relevant part of the order of the Lok Adalat is reproduced below:-
In th
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.
Government departments must provide reasonable and acceptable explanations for delays in legal filings, emphasizing diligence in legal proceedings.
Government departments must provide reasonable explanations for delays in filing petitions; absence of sufficient cause results in dismissal of applications for condonation.
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 law of limitation is founded on public policy and statutes of limitation are enacted to ensure that parties approach the court for vindication of their rights without unreasonable delay.
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.
Limitation - Condonation of delay - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribe and Courts have no power to extend p....
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