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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Jyoti Devi, Wife of Late Suchit Kumar – Appellant
Versus
Central Coalfield Ltd. – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, A.C.J.:
The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 03.11.2023 passed by learned Single Judge of this Court in W.P. (S) No. 2532 of 2020 by which the writ petition has been allowed.
I.A. No. 6331 of 2024:
2. The instant appeal is admittedly barred by limitation since as per the office note dated 09.05.2024, there is delay of 155 days in preferring the appeal, therefore, an application being I.A. No. 6331 of 2024 has been filed for condoning the delay.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 155 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-appellant 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 interlocutory applicat
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 sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
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 applications for condonation of delay must demonstrate sufficient cause, with negligence and lack of bona fides leading to dismissal.
The principle that the law of limitation is strict and must be adhered to unless a party can demonstrate sufficient cause for any delay, with negligence or lack of bona fides being significant factor....
The main legal point established in the judgment is the requirement of 'sufficient cause' for condoning delay, emphasizing the absence of negligence or lack of bona fide motive.
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 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.
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