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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA
State Of Madhya Pradesh – Appellant
Versus
Punjab Singh – Respondent
JUDGMENT :
G. S. AHLUWALIA, J.
Heard on I.A. No. 3243/2025, an application for condonation of delay.
2. This review petition has been filed with a delay of 128 days.
3. Paragraphs 2 to 6 of I.A. No. 3243/2025 read as under:-
"(2) That, the order was passed on 18.11.2024 thereafter the authority approaches in the office of Additional Advocate General Gwalior for its legal opinion, which was given on 05.12.2024 dispatched on 06.12.2024. It is not out of place to mention here that as per legal opinion, the Department was required to take permission from the Law Department or from the Advocate General for filing the review petition. The permission from the Forest Department was given to file review on 16.01.2025, but because the permission from the Law Department has not been given, therefore, again request has been made to prepare the review. So in pursuance to the letter, again the legal opinion was given on 28.01.2025 and informed to the Forest Department to take permission either from the Advocate General or from the Law Department. Accordingly, the Advocate General has given the permission on 12.03.2025, which has been received subsequently on 13.03.2025. After receipt of permission f
A liberal approach is essential in condoning delays, particularly for government bodies, ensuring that procedural delays do not hinder substantial justice.
Limitation – Condonation of delay being a discretionary power available to courts, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of explan....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
The law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
(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....
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
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