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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Mathura Mandal, s/o late Bodhi Mandal – Appellant
Versus
State of Jharkhand, Through Principal Secretary, Human Resource Development, Govt. of Jharkhand – Respondent
ORDER :
(Sujit Narayan Prasad, A.C.J.)
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 24th August 2022 passed by learned Single Judge of this Court in W.P. (S) No. 3760 of 2019 by which the writ petition has been dismissed.
I.A. No. 11191 of 2023:
2. The instant appeal is admittedly barred by limitation since as per the office note dated 13th March 2023, there is delay of 160 days in preferring the appeal, therefore, an application being I.A. No. 11191 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 field after inordinate delay of 160 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 applicants-appellants 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 grounds for condoning the delay in preferring the appeal, as has been mentioned in the interl
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, and mere claims without evidence are insufficient.
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 sufficient cause for delay in filing an appeal must be adequately justified, and negligence or lack of bona fides can bar condonation.
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 condoned only when sufficient cause is shown, with strict adherence to the law of limitation.
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 court emphasized that applications for condonation of delay must demonstrate sufficient cause, with negligence and lack of bona fides leading to dismissal.
The main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
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