Back
ASHISH SHROTI
Municipal Corporation, Gwalior Through Commissioner – Appellant
Versus
Mohan Lal Saraf Memorial Charitable Trust, Morar, Gwalior Through Trustees – Respondent
JUDGMENT
1. I.A. No.3701/24 has been filed by appellant-Corporation under section 5 of Limitation Act, seeking condonation of delay of 5258 days in filing this appeal.
2. The judgment & decree questioned in this appeal was passed by learned First Additional Judge to the Court of First Additional District Judge, Gwalior, in Civil Suit No.41-A of 2008 on 17.9.2009 whereby the suit for declaration and permanent injunction filed by respondents/plaintiffs was decreed. The instant appeal has been filed on 24.5.2024 i.e. after more than fourteen and half years and seeking condonation of delay in filing the appeal, the application under consideration is filed.
3. For convenience, the parties in this order are referred as plaintiff and defendants as per their respective status in civil suit.
4. The facts in short giving rise to the instant litigation are that the plaintiff- Mohanlal Saraf Memorial Charitable Trust, Murar, (hereinafter referred to as ‘Trust’) is a private charitable trust. The object of constitution of Trust is to provide medical facilities to public in general. As per the plaintiff’s case, the suit property situated on part of Survey No.2916 bearing House No.23/188, Mall Roa
The court ruled that the petitioners failed to establish sufficient cause to condone a 1325-day delay in filing an appeal, emphasizing the necessity of a bona fide explanation under the Limitation Ac....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The government must provide a substantial explanation for delays in legal actions, and mere claims of public interest do not justify excessive negligence or inaction.
The main legal point established in the judgment is that the law of limitation has to be applied with rigor, and a satisfactory explanation is required for condonation of delay.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
