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MAHENDAR KUMAR GOYAL
Regional Passport Officer, Jaipur, (Raj. ) – Appellant
Versus
Manpreet Singh S/o. Shri Sukhdev Singh – Respondent
ORDER :
1. This civil second appeal, which is time barred by 913 days, is accompanied with an application under Section 5 of the Limitation Act.
2. It is stated in the application that delay occurred on account of three successive spells of pandemic Covid-19 and the Hon’ble Apex Court of India has, in Miscellaneous Application No.665/2021 in SMW(C) No.3/2020, provided for exclusion of the period consumed in the pandemic situation for the purpose of computation of the period of limitation for filing of the proceedings.
3. Reiterating the averments made in the application, learned counsel for the appellants submits that the delay occurred in filing the appeal on account of Covid-19 situation. She, therefore, prays for condonation of delay.
4. Heard. Considered.
5. The reasons assigned in the application are not only far from satisfactory but are wholly misconceived and misplaced. The Covid-19 situation was over much before filing of the appeal by the appellants. Although, the appellants have relied upon the order of the Supreme Court of India in Miscellaneous Application No.665/2021 in SMW(C) No.3/2020 dated 23.09.2021; but, thereafter, on the application No.21/2022, the Hon’ble Supreme C
The central legal point established in the judgment is that 'sufficient cause' must be demonstrated for condonation of delay, and negligence or lack of diligence cannot justify the delay. The court a....
Government departments must provide reasonable explanations for delays in legal proceedings; bureaucratic inefficiencies are insufficient for condonation of delay.
The court established that inordinate delays in litigation must be justified with substantial evidence, and failure to do so results in dismissal of petitions.
The court established that the period from 15.03.2020 to 28.02.2022 is excluded from the limitation calculation due to the COVID-19 pandemic, allowing for the condonation of delay in filing appeals u....
The main legal point established in the judgment is that the doctrine of condonation of delay should be applied judiciously, taking into account the circumstances and the impact of external factors s....
Timeliness in legal proceedings is critical, and mere health claims must be substantiated with evidence to justify delays in filings; lack of sufficient cause leads to dismissal of condonation applic....
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