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MAHENDAR KUMAR GOYAL
State Of Rajasthan – Appellant
Versus
Kashi Nath S/o RamLal – Respondent
JUDGMENT :
1. This civil second appeal, which is reported to be time barred by 977 days, is accompanied with an application under Section 5 of the Limitation Act.
2. Reiterating the averments made in the application, learned counsel for the appellants submits that the delay occurred in taking decision of appeal at various levels in the Government. He, therefore, prays that the application under Section 5 of the Limitation Act be allowed and the delay in preferring the appeal be condoned.
3. Heard. Considered.
4. The reason assigned in the application seeking condonation of huge delay of 977 days is nothing but retoric of usual delay in movement of file from one table to another. It is trite law that one who approaches the Court of law, must show that he was vigilant of his rights. An indolent person is not entitled for condonation of delay in approaching the Court. Lack of promptitude and lethargy in movement of file in filing the appeal/petition by the State/its instrumentality has been deprecated by their Lordships in the case of State of Madhya Pradesh & Ors. Vs. Bherulal: 2020 SCC Online SC 849 wherein, it was observed as under:
Government departments must provide reasonable explanations for delays in legal proceedings; bureaucratic inefficiencies are insufficient for condonation of delay.
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
Government not entitled to condone inordinate delay in appeals due to administrative negligence or official duties.
Condonation of delay should not be routine and should only be granted when there is a sufficient cause, as emphasized by the court in this judgment.
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