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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
| Table of Content |
|---|
| 1. delay must be adequately explained, bureaucratic inefficiency is insufficient. (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 2. condonation of delay must consider public interest and accountability. (Para 7 , 11 , 12 , 13) |
| 3. application for condonation of delay dismissed due to lack of sufficient cause. (Para 14 , 15) |
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 approac
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.
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