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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PRASHANT KUMAR
Lko. Development Authority Thru. Secy. – Appellant
Versus
Shakuntala Devi (Dead) Thru. Sudhir Kumar Rastogi – Respondent
| Table of Content |
|---|
| 1. delay and its implications on appeals. (Para 3 , 4 , 5) |
| 2. arguments for condoning delay based on procedural inefficiencies. (Para 6 , 7 , 12) |
| 3. court’s reasoning on the necessity of sufficient cause for delay. (Para 8 , 9 , 10 , 14) |
| 4. supreme court's stance on bureaucratic inefficiencies. (Para 11 , 18 , 21 , 24) |
| 5. guidelines on interpreting 'sufficient cause' in delay petitions. (Para 15 , 16 , 17) |
| 6. evolving jurisprudence of condonation of delay in government matters. (Para 22 , 23 , 25 , 26 , 27) |
| 7. rejection of plea for condonation based on lack of due diligence. (Para 28 , 29) |
| 8. final decision on delay applications and merits. (Para 30) |
JUDGMENT :
PRASHANT KUMAR, J.
Order on Applications for Condonation of Delay
1. Vakalatnama filed by Shri Paavan Awasthi on behalf of respondent No.1/2/1 in First Appeal Defective No.129/2025 is taken on record.
2. Heard Shri Mukund Tewari, learned Senior Advocate assisted by Shri Bhanu Bajpai, learned counsel for the appellant, Shri Paaavan Awasthi, learned counsel for respondents and perused the record.
3. As per office report, First Appeal Defective No.129 of 2025 has been filed with delay of 173 days and First Appeal Defective N
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.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
(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....
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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