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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Soni Devi @ Soni Singh D/o Late Badri Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The instant civil review has been filed for review the order dated 05.01.2023 passed by the Division Bench of this Court in L.P.A. No. 346 of 2016, whereby and whereunder, the letters patent appeal has been dismissed on limitation.
I.A. No. 12408 of 2024:
2. The instant civil review is admittedly barred by limitation since there is delay of 403 days in preferring the review, therefore, an application being I.A. No. 12408 of 2024 has been filed for condoning such delay.
3. This Court, after taking into consideration the fact that the instant civil review has been field after inordinate delay of 403 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 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 grounds for condoning the delay in preferring the review, as has been mentioned in the interlocutory application at paragraphs-6 & 7 is that the petitioner has no knowledge about the dismissal of LPA No.
A delay in filing a review application is not condoned without a sufficient and bona fide reason, especially when negligence or inaction is evident.
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 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 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 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 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 delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
The main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay, as well as the importance of diligence and the duty ....
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