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DEVASHIS BARUAH
Bikash Chandra Pradhani – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. D. Kalita, the learned counsel for the Petitioner and Mr. P.S. Deka, the learned Senior Government Advocate appearing on behalf of the State of Assam.
2. This is an application under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 challenging the order dated 30.01.2020 passed by the Court of the Civil Judge, Dhubri, whereby the application being registered as Petition No. 1152 dated 04.09.2019 under Section 5 of the Limitation Act, 1963 was allowed thereby condoning the delay of more than 18 years in connection with Title Appeal No. 32/19.
3. The brief facts of the instant case is that the Petitioner herein as Plaintiff had filed the suit being Title Suit No. 331/1995 in the Court of the Munsiff No. 1, Dhubri seeking declaration that the land described in Schedule-C to the plaint has been wrongly recorded as Khas in Khas Khatian No. 1 and is a part and parcel of Dag No. 844 in Khatian No. 369 in village Dakhin Tokrarchera, Part-IV under P.S. Golakganj in the District of Dhubri; a decree for declaration that the plaintiff has got right, title and interest with a confirmation of possession over the Schedule-C land; a decree
The main legal point established in the judgment is that the explanations provided for the delay in filing the appeal were insufficient and did not constitute a sufficient cause for condonation. The ....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Court reiterated the need for sufficient cause in condoning delay, emphasizing that inordinate delays without justifiable reasons will not be entertained.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
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....
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
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