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SUJOY PAUL, SHAILENDRA SHUKLA
HAKAM SINGH – Appellant
Versus
STATE OF M. P. – Respondent
ORDER (Heard through video conferencing) : – Shri Sunil Kumar Yadav, learned counsel for the petitioner.
Shri S. R. Saxena, learned Deputy Advocate General for the respondent/State.
With the consent, heard finally.
The challenge is mounted in this petition to the order dated 17-11-2020 Annexure P/4, whereby the learned Commission/Appellate Court has rejected the application for condonation of delay filed by the petitioner. Resultantly, the appeal was dismissed.
2. Learned counsel for the petitioner submits that the petitioner came to know about the order of Court below dated 17-3-2020 upon receiving the intimation from the letter of Mining Department dated 9-9-2020. Immediately thereafter, the petitioner obtained certified copy of the said order and filed the aforesaid appeal along with the application for condonation of delay. During this time, because of pandemic related problems also, the delay was caused. The delay should have been condoned. The finding of Court below that each day’s delay needs to be explained is bad in law.
3. Learned counsel for the respondent/State has opposed the impugned judgment.
4. In our view, the petitioner has given plausible reasons for belately fil
Plausible reasons for delay can be considered for condonation of delay, and each day's delay is not required to be explained as per legal precedent.
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
The court established that the limitation for appeal is calculated from the original judgment date unless a valid correction alters the operative decree, and a liberal approach in condoning delays is....
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