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HIRDESH
STATE OF Madhya Pradesh – Appellant
Versus
HIMMAT SINGH – Respondent
ORDER :
(Hirdesh, J.) :
Heard on I. A. No. 3985 of 2020 which is an application under section 5 of the Limitation Act, 1963, for condonation of delay. The delay is of 656 days.
2. Counsel for the appellants/State submits that the present appeal is delayed by 656 days. He submits that the above delay has been reasonably/sufficiently explained by the State. In the instant case, appellant is State and in Government machinery, processing of the case for appeal takes time, therefore, the delay in filing the appeal be condoned. He has placed reliance over the judgment of Hon’ble Apex Court in the case of Sheo Raj Singh (deceased) through legal representatives and others vs. Union of India and another, reported in (2023) 10 SCC 531 to bolster his submissions.
3. Counsel for the respondent has submitted that appellants/State has not explained delay of 656 days. No documents in support of the averments made in the application has been filed, therefore, just because appellant is State, such huge delay in filing the appeal cannot be condoned. In this context, learned counsel for the respondents has relied upon the judgment in the case of Post Master General and others vs. Living Media India Limit
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 law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
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