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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Girja Prasad Singh, son of Late Rameshwar Prasad – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 26.02.2019 passed by learned Single Judge of this Court in W.P. (S) No. 7014 of 2012 by which the writ petition has been allowed.
2. Mr. Rahul Saboo, learned counsel for the appellant has submitted that the appeal is barred by limitation since it has been filed after the delay of 904 days.
Submission has also been made that the explanation furnished said to be sufficient cause for condonation of delay may be considered, as such, the delay condonation application being I.A. No. 1523 of 2024 is first to be dealt with before entering into the merit of the issue.
3. Learned counsel for the respondent has filed no rebuttal reply but orally it has been submitted that the appeal since has been filed after much delay of 904 days and if the explanation furnished in the delay condonation application will be taken into consideration, the same is not sufficient cause to condone the said delay.
4. It has also been submitted that the State appellant has got no case on merit since the issue has already been decided by the Division Bench of this Court
The principle that the law of limitation must be strictly adhered to, and that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals.
The law of limitation is to be strictly enforced, and parties, including the government, must provide sufficient cause for any delay in filing appeals; negligence or lack of bona fides will not justi....
The court emphasized that procedural delays and lack of bona fides do not justify condoning significant delays in filing appeals, reinforcing the importance of adhering to limitation laws.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
The principle that the law of limitation must be strictly adhered to, and that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
The law of limitation must be applied strictly, and delay in filing appeals can only be condoned on sufficient cause, which was not established in this case.
The law of limitation applies equally to all parties, including the government, and a mere bureaucratic delay is not sufficient to justify the condonation of an inordinate delay in filing an appeal.
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