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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
GURMEET SINGH SANDHAWALIA, CJ,, SATYEN VAIDYA
State of Himachal Pradesh – Appellant
Versus
Jan Dei – Respondent
JUDGMENT :
G.S. Sandhawalia, CJ.
1. The present appeal has been preferred against the order ofthe learned Single Judge passed in CWPOA No.1790 of 2020 decided on 07.10.2023, which is barred by 1 year 28 days. Resultantly, CMP(M) No.2035 of 2024 has been filed for condonation of delay in filing the present LPA.
2. We are of the considered opinion that there is no sufficient cause made out in the application as apparently the copy of the judgment was not even applied for over a year, as per the averments made in the application itself. It was applied on 21.10.2024 though having been passed on 07.10.2023 and it was delivered immediately on the same date and thereafter the same was vetted and filed on 4.11.2024. Apparently, the applicants were not interested in filing the appeal as such, they did not even apply for the copy of the judgment and there is nothing to show that sufficient cause has been made out to condone the delay.
3. It is settled principle of law that an application for condonation of delay filed by the State has to be given certain latitude, but the same does not mean that the State can sit back and not even take any steps to challenge the order, which is apparent in the p
An application for condonation of delay must demonstrate plausible reasons; mere bureaucratic delays do not justify extending time limits for appeals.
The State must demonstrate diligence in prosecuting matters and cannot claim a separate period of limitation; a liberal approach to condonation of delay must consider the party's conduct.
The law of limitation binds all parties, including the government, and requires reasonable explanations for delays in filing appeals.
The court emphasized the importance of a reasonable and vigilant approach in condoning delay, considering the conduct and attitude of the party seeking condonation.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
The court ruled that insufficient explanation for delay, particularly due to government inefficiency, does not warrant condonation under Section 5 of the Limitation Act.
The courts should adopt a liberal interpretation of 'sufficient cause' in matters of delay for appeals, especially concerning government litigants, to promote substantial justice.
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