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SAURABH SHYAM SHAMSHERY
Bharat Lal – Appellant
Versus
State Of U. P. – Respondent
| Table of Content |
|---|
| 1. facts of the case involve an extraordinary delay of over 35 years in filing appeals. (Para 1) |
| 2. factual background of the case details. (Para 2 , 3 , 4) |
| 3. details of delays and appeals. (Para 5 , 6 , 7 , 8) |
| 4. arguments regarding condonation of delay. (Para 10 , 11) |
| 5. legal standards for condonation of delay. (Para 18 , 19) |
| 6. final order remitting to revisional authority. (Para 24 , 25) |
JUDGMENT :
Hon'ble Saurabh Shyam Shamshery, J.
1. Heard Sri R.C. Singh, learned Senior Counsel assisted by Sri Pradeep Singh Sengar, learned counsel for petitioners and Sri Ram Kumar Pal, learned counsel for respondent No.4
2. Facts of the present case in brief are as follows:
(ii) At a very belated stage, contesting respondents filed an appeal against above referred order dated 24.8.1984, along with an application for condonation of delay.
(iii) The Settlement Officer of Consolidation vide order dated 9.12.2022 has cond
Condonation of extraordinary delay requires proper explanation; courts must balance substantial justice against accrued rights and ensure genuine reasons are provided.
The court emphasized that extraordinary delays in appeal require strict scrutiny, asserting that sufficient cause must be demonstrated to justify condonation, balancing justice with the rights accrue....
Point of Law : It is well settled proposition of law that existence of sufficient cause is sine quo non, for condonation of delay. In absence of being any finding that cause shown is sufficient delay....
Point of Law : It is only after that application is allowed, appeal can be entertained and heard on merits.
The main legal point established in the judgment is the need to consider the grounds for delay condonation and the liberal approach to adjudicate an issue on its merits.
Inordinate delay in filing an appeal must be adequately explained; failure to do so results in dismissal of the petition.
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
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