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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
PRASHANT KUMAR
State of U.P. – Appellant
Versus
Vinod Kumar Chopra – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 4 , 5 , 6 , 7) |
| 2. arguments regarding delay condonation (Para 9 , 10 , 11 , 12 , 16 , 17 , 18) |
| 3. court's observations on delay and state responsibilities (Para 19 , 21 , 23 , 24 , 25 , 26 , 29 , 30 , 32 , 35 , 57) |
| 4. established legal norms on delay condonation (Para 27 , 28 , 59 , 60) |
| 5. imposition of cost due to frivolous litigation (Para 62 , 63 , 80 , 81) |
JUDGMENT :
PRASHANT KUMAR, J.
C.M. Application No. 20593 of 2017
1. Heard Shri Anuj Kudesia, Additional Advocate General as well as Senior Advocate assisted by Shri Hemant Kumar Pandey, learned Additional Chief Standing Counsel appearing for the appellant/State.
2. The second appeal has been preferred against the judgment and decree dated 23.07.2003 passed by learned Additional District Judge, Court No.5, Lakhimpur Kheri in Civil Appeal No. 230 of 2001 ( Prabhagiya Van Adhikari and others v. Dev Kumar Chopra and others ), whereby the application for condonation of delay in filing the appeal under Section 96 of the Civil Procedure Code against the judgement and decree dated 15.05.2000 passed by learned Additional Civil Judge (S.D.), Lakhimpur Kheri in Regular Suit No. 108 of 1
Condonation of delay under Section 5 of the Limitation Act requires sufficient cause, particularly in State cases where habitual laxity is inexcusable; costs may be imposed to deter frivolous appeals....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
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....
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
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