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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Principal Secretary Food Civil Supplies And Consumer Affair – Appellant
Versus
Varinder Kumar Jain – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeals have been filed against judgment and decree dated 03.01.2019 passed by learned Civil Judge (Junior Division), Faridkot and judgment and decree dated dated 26.09.2022 passed by learned Additional District Judge, Faridkot after delay of 1137 days.
CM-2136-C-2023 in RSA-544-2026
CM-2154-C-2023 in RSA-549-2026
2. The present applications have been filed under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 for condonation of delay of 1137 days in filing the present appeals.
3. Learned counsel for the appellants contends that delay of 1137 days in filing the appeals is not intentional but procedural. He, therefore, prays that since the delay is procedural due to departmental formalities and not intentional therefore the same be condoned.
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6. I have heard learned counsel for the applicants-appellants at length and, with his able assistance, carefully perused the whole file of this case.
7. 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 substanti
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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