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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Ram Kumar – Appellant
Versus
Haryana State – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been filed against judgment and decree dated 22.12.2003 passed by learned Addl. Civil Judge (Sr. Divn.), Narnaul as well as judgment and decree dated 13.04.2006 passed by learned District Judge, Narnaul after delay of 3336 days.
CM-12100-C-2023
2. The present application under Section 151 of the Code of Civil Procedure, 1908 is filed for condonation of delay of 3336 days in filing the present appeal.
3. Learned counsel for the appellant contends that delay of 3336 days in filing the present appeal is not intentional but procedural. He, therefore, prays that since the delay is caused as the file was misplaced and the same could not be trace out , the same be condoned.
4. I have heard learned counsel for the applicant-appellant at length and, with his able assistance, carefully perused the whole file of this case.
5. 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.
6. It is well settled by catena of judgments of the H
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.
A liberal approach is essential in condoning delays, particularly for government bodies, ensuring that procedural delays do not hinder substantial justice.
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