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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, ASHOK KUMAR JAIN
Union Of India – Appellant
Versus
Brijraj Singh S/o Shri Bhim Singh – Respondent
ORDER :
D.B. Misc. Application No.1048/2019 in D.B. Review Petition No.289/2019:
1. The instant D.B. Civil Review Petition under Order 47 Rule 1 and 2 read with Section 114 of CPC read with Article 226 of the Constitution of India is filed by the review petitioners (Union of India and another), to review the judgment dated 14.07.2017 in D.B. Special Appeal Petition No. 585/2002 titled as "Union of India and Anr. versus Shri Brijraj Singh and Anr."
2. The office has pointed out a delay of 845 days and, to condone the delay, an application under Section 5 of the Limitation Act is filed by the review petitioners, supported with the affidavit of Ms. Ankita Singh, working as Defence Estate Officer, Jaipur Circle, Jaipur. A reply has been filed on behalf of the non-applicant/respondent.
3. Learned Additional Solicitor General appearing on behalf of the review petitioners submit that the D.B. SAW was decided on 14.07.2017 and, thereafter, the appellants/review petitioners decided to challenge the judgment before Hon’ble Supreme Court by filing a SLP. He further submitted that the SLP was dismissed on 20.08.2018 after condonation of delay of 402 days. He further submitted that the matter was r
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 court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been fil....
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