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MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
State Of Uttarakhand – Appellant
Versus
Pintu @ Karan – Respondent
JUDGMENT:
(Vivek Bharti Sharma, J.)
Delay Condonation Application IA No.01/2024
This is delay condonation application filed by the State/appellant to condone the delay in filing the present government appeal.
2. As per the report of Registry, there is a delay of 266 days in filing the present appeal. In the delay condonation application, the ground stated for delay is that subsequent to judgment and order dated 22.09.2023 the Additional District Government Counsel (Criminal), District Nainital got applied the certified copy of the judgment and order on 25.09.2023 which was received on 25.09.2023 and after going through the judgment the learned Additional District Government Counsel (Criminal), District Nainital made a proposal on 27.10.2023 which was sent to the District Magistrate, District Nainital for taking necessary steps; that, the District Magistrate, Nainital thereafter sent a detailed proposal to the Principal Secretary (Law) for sanction, vide letter dated 10.11.2023; that, vide letter dated 29.11.2023 sanction was accorded to file the Government Appeal; that, the District Magistrate, vide its letter dated 04.01.2024 directed the S.S.P., Nainital to do the needful in the
The court ruled that insufficient explanation for delay, particularly due to government inefficiency, does not warrant condonation under Section 5 of the Limitation Act.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
The court endorsed a liberal approach to condoning delays in appeals, emphasizing substantial justice over technicality, while holding the State to the same standards as other litigants.
The court emphasized the importance of showing sufficient cause for condonation of delay and highlighted the need for a liberal but rational approach in such matters.
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
The State's request for condonation of delay must be accompanied by a sufficient cause; bureaucratic inefficiencies do not justify tardiness in legal proceedings.
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