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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Superintendent Of Police, District Rohtak – Appellant
Versus
Asi Udham Singh – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been filed against judgment and decree dated 24.05.2022 passed by learned District Judge, Rohtak after delay of 1250 days.
CM-2130-C-2023
2. The present application under Section 151 of the Code of Civil Procedure, 1908 is filed for condonation of delay of 1250 days in filing the present appeal.
3. Learned counsel for the appellant contends that delay of 1250 days in filing the present appeal is not intentional but procedural. He, therefore, prays that since the delay is procedural due to departmental formalities and not intentional, 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 Hon’ble Supreme Court that the law of limitation is not a mere technicality but has substantive value, being found
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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