The main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.

JUDGMENT :

Sujit Narayan Prasad, J.

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 05.08.2019 passed by learned Single Judge of this Court in W.P. (S) No. 6682 of 2012 whereby and whereunder the writ petition has been dismissed by refusing to pass any positive direction in favour of the appellant.

I.A. No. 6726 of 2023

2. The instant appeal is admittedly barred by limitation since there is delay of 399 days in preferring the appeal, therefore, an application being I.A. No. 6726 of 2023 has been filed for condoning such delay.

3. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 399 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit

4. Learned counsel for the applicant-petitioner has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.

5. The only ground for condoning the delay in preferring the appeal, as has been mentioned at paragraph 3 of the interlocutory application is that the appellant is poor person and comes from remote village and could not come to the lawyer in time and as such delay of about 399 days occurred in filing L.P.A.

6. We have heard the learned counsel for the appellant on delay condonation application and before considering the same, this Court, deems it fit and proper to refer certain legal proposition as has been propounded by the Hon’ble Apex Court with respect to the approach of the Court in condoning the inordinate delay.

7. There is no dispute about the fact that generally the lis is not to be rejected on the technical ground of limitation but certainly if the filing of appeal suffers from inordinate delay, then the duty of the Court is to consider the application to condone the delay before entering into the merit of the lis.

8. It requires to refer herein that the Law of limitation is enshrined in the legal maxim interest reipublicae ut sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties, rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of time, as has been held in the judgment rendered by the Hon’ble Apex Court in Brijesh Kumar & Ors. Vrs. State of Haryana & Ors., (2014) 11 SCC 351.

9. The Privy Council in General Accident Fire and Life Assurance Corpn. Ltd. v. Janmahomed Abdul Rahim, (1939-40) 67 IA 416, relied upon the writings of Mr. Mitra in Tagore Law Lecturers, 1932, wherein, it has been said that:

“A Law of limitation and prescription may appear to operate harshly and unjustly in a particular case, but if the law provides for a limitation, it is to be enforced even at the risk of hardship to a particular party as the Judge cannot, on equitable grounds, enlarge the time allowed by the law, postpone its operation, or introduce exceptions not recognized by law.”

10. In P.K. Ramachandran v. State of Kerala, (1997) 7 SCC 556, the Apex Court while considering a case of condonation of delay of 565 days, wherein no explanation much less a reasonable or satisfactory explanation for condonation of delay had been given, held at paragraph-6 as under:

“6. Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes and the courts have no power to extend the period of limitation on equitable grounds.”

11. While considering the similar issue, this Court in Esha Bhattacharjee v. Raghunathpur Nafar Academy, (2013) 12 SCC 649, wherein, it has been held as under:

“21.5 (v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact.

21.7. (vii) The concept of liberal approach has to encaps