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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manish Kumar Nigam,J.
Surendra Mani – Appellant
Versus
State of UP – Respondent
| Table of Content |
|---|
| 1. dispute arises over succession and validity of wills. (Para 2 , 3) |
| 2. arguments on the applicability of the limitation act in restoration cases. (Para 4 , 5) |
| 3. court's discretion to condone delay under section 5 of the limitation act. (Para 6 , 11 , 12 , 24 , 31) |
| 4. clarification on requirements for condoning delay in legal proceedings. (Para 8 , 10 , 14 , 18 , 22) |
| 5. writ petition dismissed with no order as to costs. (Para 35) |
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard Sri Anil Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. This writ petition has been filed for the following reliefs:-
“(A). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 2.6.2023 and 31.1.2024 passed by Court of Naib Tehsildar Sadar in Case No. 9426 of 2020 Deoria as well as order dated 28.2.2024 passed by Court of Commissioner Gorakhpur Region Gorakhpur in Revision No. 926/23, which is annexed as Annexure No. 1, 2 and 3 to this writ petition.
(B). Issue a writ, order or direction in the nature of Mandamus commanding the respondent and directing them (respondent No. 3) to direct the parties for mai
A formal application for condonation of delay is not necessary; oral requests sufficing with sufficient cause are valid in proceedings under the U.P. Land Revenue Act.
A formal application for condonation of delay under the Limitation Act is not mandatory if sufficient cause is shown, allowing courts to exercise discretion in restoring cases.
Application for mutation – Condonation of delay - The term "sufficient cause" is to receive liberal construction to advance substantial justice, when no negligence, inaction or want of bona fide is a....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while ensuring timely legal action.
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
Law of Limitation is founded on public policy to ensure that the parties to a litigation do not resort to dilatory tactics and seek legal remedy without delay and in an application filed under Sectio....
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.
A party must demonstrate substantive rights to challenge consolidation orders; inordinate delay in seeking restoration applications without sufficient explanation cannot be condoned.
The court emphasized that while a liberal approach is generally applied in condoning delays under the Limitation Act, lack of sufficient cause, particularly evident inactivity, precludes such discret....
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