AI Overview...
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Condonation of Delay - Several cases emphasize that whether delay is condoned significantly impacts the jurisdiction and outcome of appeals or proceedings. If delay is not condoned, courts typically dismiss appeals or petitions, citing the importance of timely filing to prevent undue hardship and judicial inefficiency. For instance, in Appasaheb Pandurang Yadav VS Appasaheb Virupaksh Tandale - Bombay, the court upheld that delay was not condoned, preventing the appeal from proceeding. Similarly, in State Of Madhya Pradesh VS Gokulchand - Supreme Court, a delay of 656 days was not condoned due to lack of sufficient cause, leading to dismissal. Sabuddin, S/o Late Sh. Allanoor vs Giriraj, S/o. Kalu - Rajasthan and Kapil VS Union of India - Madhya Pradesh highlight that courts must first decide on condonation before addressing the merits of the case.
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Legal Framework and Principles - The Limitation Act and related legal provisions (e.g., Sections 5 and 29(2)) provide the statutory basis for condoning delays. Courts have the discretion to condone delays if sufficient cause is shown, as noted in Sabuddin S/o Late Sh. Allanoor vs Giriraj S/o Kalu - Rajasthan, where condoning delay affects jurisdiction. The legal principle underscores that condonation is an exception, not the rule, and must be justified by genuine reasons.
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Judicial Discretion and Efficiency - Courts prioritize judicial efficiency and the prevention of frivolous or delayed filings. As seen in Sabuddin, S/o Late Sh. Allanoor vs Giriraj, S/o. Kalu - Rajasthan, courts prefer to resolve issues related to delay upfront to avoid prolonged litigation. The importance of establishing sufficient cause is reiterated across sources, emphasizing that condonation should not be granted lightly, as in State Of Madhya Pradesh VS Gokulchand - Supreme Court.
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Implications of Not Condoning Delay - When delay is not condoned, the proceedings are generally dismissed or barred from proceeding further, as in Appasaheb Pandurang Yadav VS Appasaheb Virupaksh Tandale - Bombay and State Of Madhya Pradesh VS Gokulchand - Supreme Court. This maintains the integrity of timely filing and discourages unnecessary litigation delays.
Analysis and Conclusion:
The sources collectively indicate that courts are cautious in condoning delays, recognizing the importance of timeliness in legal proceedings. The decision to condone or not condone delay hinges on the presence of sufficient cause, and courts typically address delay issues before proceeding to substantive merits. Failure to condone delay results in dismissal, reinforcing the principle that delay should not be condoned unless justified, thereby promoting judicial efficiency and integrity.
Search Results for "Sdo See what Shall Get Condoned if Delay is Not Condoned"
2023 0 Supreme(Bom) 2295 • India - Bombay
SANDEEP V. MARNE
in filing the appeal was not condoned. ... The petitioners, tenants of certain agricultural lands, challenged the MRT's order that set aside the SDO's decision to condone ... In a case like present one, if delay is condoned, parties would be put in the rigmarole of various of rounds of litigation before SDO, MRT and later before this Court. ... This is exactly the reason why this court ventured into merits of the case both because of extensive submissions canvassed by Petitioners' cou....
2025 0 Supreme(Raj) 2088 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
for judicial efficiency emphasized - Petition challenging decisions of lower courts regarding appeal dismissal due to omission to condone ... delay application - Orders quashed, liberty given to file delay application. ... The court must address the delay prior to hearing the merits of the appeal. ... Thus, it is obvious that the court will have to decide first as to whether the delay should be condoned or not and if the court comes to the conclusion that there exists....
2025 Supreme(Online)(Raj) 14776 • India - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Justice Anoop Kumar Dhand, J
Section 5 of the Limitation Act is submitted and the delay in filing the appeal is condoned, the Appellate Authority has no jurisdiction to allow the appeal and subsequently, quash & set-aside the judgment passed by the Sub-ordinate Court.
• India - Consumer
AJIT BHARIHOKE, REKHA GUPTA
respondent’s case and in pursuant to circular notice had also been issued to respondent to exercise his option afresh but respondent did not ... A—Electricity—Agricultural connection—Denial—Complaint allowed by Fora below—Section 24-A is clearly peremptory in nature requiring Consumer Fora to see ... The consumer forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown. ... As a matter of law, the consumer forum must deal with the complaint on me....
2025 0 Supreme(SC) 1609 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
a delay of 656 days which was not condoned due to lack of sufficient cause - Special Leave Petition also filed with delay of 177 ... The order highlights that public money should not be wasted on dead litigations. ... not filed merely for the sake of filing; sufficient cause must be established - The importance of timely filings is reiterated, ... That the Second Appeal No. 156/2021 was dismissed on 05.04.2024 on the ground of delay of 656 days, which was no....
2023 Supreme(Online)(Bom) 26182 • India - High Court of Bombay
SANDEEP V. MARNE, J
(Paras 26, 30) ... ... (B) Tenancy - Condonation of delay - Petitioner’s circumstances not sufficient ... to warrant delay consideration. ... Landlord's termination of tenancy for non-payment of rent upheld - The court found no merit in the appellants’ claim for condonation of delay ... In a case like present one, if delay is condoned, parties would be put in the rigmarole of various of rounds of litigation before SDO, MRT and later before this Court. ... This is ex....
2004 0 Supreme(MP) 173 • India - Madhya Pradesh
K.K.LAHOTI, DIPAK MISRA, S.K.KULSHRESTHA
--S. 62(1)--Limitation Act, 1963--Ss. 5 and 29(2)--application under S. 62(1) of 1960 Act before the Labour Court--delay may be condoned ... prescribed therein can always file an application under section 5 of the Limitation Act and it would be open to the Labour Court to condone ... the delay if sufficient grounds have been shown. 2002(3) MPLJ 571 and 2000(2) MPLJ 131 overruled. ... After the matter was remitted, the Labour Court came to hold that it had power to condone the delay and....
1991 0 Supreme(Raj) 724 • India - Rajasthan
M.C.JAIN
The court found that the market value of the land acquired in May 1985 could not be less than Rs. 2,800/- per bigha, based on the ... compensation awarded by the Land Acquisition Officer was inadequate, and the market value of the land acquired in May 1985 could not ... ... Accordingly, the delay in filing the appeal is condoned and the respondents are permitted to file cross-objections as indigent persons" ... ... 12. ... The relevant portions of the order-sheet dated April 30,1991 passed in each appeal run as under:-....
2013 0 Supreme(Raj) 177 • India - Rajasthan
VINEET KOTHARI
and the Board of Revenue — Held — Serious miscarriage of justice resulted upon transfer of proceedings from one court to another not ... proceedings were drawn — No information regarding transfer of case given to defendant — Name of advocate who pleaded `no instructions' is not ... all the parties shall maintain status quo of the land in question and shall not further transfer or alienate the suit land during the period of fresh trial before the learned SDO. ... Ram Singh and Ors. whic....
2017 0 Supreme(MP) 312 • India - Madhya Pradesh
R.S.JHA, A.K.JOSHI
The appellant sought to condone the delay in filing the appeal by invoking the provisions of Section 5 of the Limitation Act, 1963 ... The Court reasoned that: * Section 29(2) of the Limitation Act, 1963 provides that the provisions of Sections 4 to 24 of the Act shall ... It was also prayed that delay in making the application may be condoned. The learned Judge of the High Court trying the election petition dismissed the aforesaid applications and refused to condone the del....
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