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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
The Principal Secretary, Food Civil Supplies And Consumer Affairs Department, Punjab – Appellant
Versus
Varinder Kumar Jain – Respondent
Judgment :
Sudeepti Sharma, J.
CM-11698-C-2025
1. The present application under Section 5 of the Limitation Act, 1963 read with Section 151 CPC is filed for condonation of delay of 992 days in filing the appeal.
2. I have heard learned counsel for the applicant-appellant at length and, with his able assistance, carefully perused the whole file of this case.
3. Before examining the merits of the present application, it is pertinent to note the settled position that delay is not to be condoned as a matter of generosity or benevolence; the pursuit of substantial justice cannot come at the cost of prejudice to the opposite party.
4. It is well settled by catena of judgments of the Hon'ble Supreme Court that the law of limitation is not a mere technicality but has substantive value, being founded on public policy. The Limitation Act, 1963 seeks to ensure that litigants approach the Court within a reasonable period and do not sleep over their rights. Though Section 5 of the Limitation Act empowers the Court to condone delay upon sufficient cause being shown, such discretion is neither automatic nor to be exercised as a matter of course. Reference at this stage can be made to judgment of Apex
The law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been fil....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
A liberal approach is essential in condoning delays, particularly for government bodies, ensuring that procedural delays do not hinder substantial justice.
(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....
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