REKHA BORANA
State of Rajasthan – Appellant
Versus
Panchal Tent House – Respondent
| Table of Content |
|---|
| 1. application under section 5 of the limitation act. (Para 1) |
| 2. arguments regarding condonation of delay. (Para 2 , 3) |
| 3. court's observations on appeal filing dates. (Para 4 , 5 , 6) |
| 4. judicial principles on condoning delay under limitation act. (Para 7 , 8) |
| 5. conclusion and order to condone delay. (Para 9 , 10 , 11 , 12) |
ORDER :
1. The matter comes upon an application under Section 5 of the Limitation Act preferred by the appellants for condonation of delay of 276 days as reported by the office though disputed by the appellants.
2. It has been submitted by the learned counsel for the appellants that the office has wrongly reported the appeal to be barred by 276 days treating the appeal to be filed on 01.03.2023 whereas the same was filed on 07.02.2023. Learned counsel further submitted that the delay caused in preferring the present appeal was bona fide as earlier the then Additional Advocate General was appointed and he was instructed to file the appeal in the present matter but subsequently vide letter dated 05.05.2022, directions were issued to the newly appointed Additional Advocate General as the State had made some changes in allotment of the departments as wel
State of Rajasthan v. Bal Kishan Mathur through legal representatives (2014) 1 SCC 592
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.
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
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