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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
State Through Sr. Divisional Security Commissioner – Appellant
Versus
Madan Mohan Rana – Respondent
JUDGMENT :
Sumeet Goel, J. (Oral) -
The present application has been filed on behalf of the applicant seeking condonation of delay of 228 days in filing the application seeking leave to appeal. Leave to appeal has been sought for by the applicant-State against the judgment dated 24.01.2024 passed by the Id. Special Railways Magistrate, Haryana at Ambala Cantt., whereby respondent was acquitted from the charges framed against him under Sections 147, 153, 174-C of Railways Act.
2. Learned counsel appearing for the applicant, while seeking grant of prayer for condonation of delay of 228 days, has argued that the delay has occurred as the applicant counsel had received the documents from the concerned office at a belated stage. Learned counsel for the applicant has further argued that the circumstances of the case indicate that the delay in filing the application seeking leave to appeal is neither intentional nor deliberate hence, the delay deserves to be condoned.
3. I have heard learned counsel for the applicant and have perused the paper-book.
4. It would be apposite to refer herein to a judgment of this Court passed in CRR(F)-1844-2023 titled as Deepak vs. Noori and another decided on
The burden of proof lies on the applicant to provide sufficient cause for condonation of delay under the Limitation Act, and mere assertions are inadequate.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
The court emphasizes that a delay in filing a petition must be justified with sufficient cause, and mere claims without evidence will not suffice.
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