Jharkhand High Court Stresses Upholding Limitation Laws: Dismisses Intra-Court Appeal Due to Unsubstantiated Delay Condonation
In a significant ruling, the Jharkhand High Court underscored the importance of adhering to limitation laws to ensure justice is dispensed promptly and efficiently. The bench comprising Hon’ble Mr. Justice Sujit Narayan Prasad and Hon’ble Mr. Justice Subhash Chand recently dismissed an Intra-Court Appeal for failure to establish “sufficient cause” for a delay of 156 days in filing the appeal.
The case involved a dispute where the appellant sought to condone the considerable delay in filing the appeal through an interlocutory application. However, the Court, in its judgment dated 18th July, 2023, meticulously analyzed the grounds for condonation, emphasizing that an application for delay condonation is not a mere formality but a critical process that demands genuine and bona fide reasons.
“The appellant must convincingly establish sufficient cause for the delay to warrant condonation,” the Court reiterated while citing Clause 10 of the Letters Patent and Section 5 of the Limitation Act, 1963.
The judges took this opportunity to highlight the rigour of limitation laws, quoting from several authoritative judgments. They observed, “Negligence, inaction, or lack of bona fides are vital factors that must be taken into account while considering delay condonation.” The Court also referred to precedents from the Hon’ble Supreme Court, further solidifying the importance of adhering to the statutory timeframes.
The advocate representing the appellant, Mr. Ashok Kr. Yadav, Sr. SC-I, presented an explanation for the 156-day delay, which the Court carefully examined. However, the Court found the explanation insufficient to satisfy the requirements of “sufficient cause.”
Moreover, the Court rejected an oral version presented by the advocate, stressing the significance of providing substantial and verifiable reasons to condone a delay of such magnitude. The Court referenced similar cases dismissed by the Supreme Court on comparable grounds, establishing consistency in judicial precedents.
“Inordinate delays undermine the essence of time-bound justice and disrupt the sanctity of limitation laws. Such delays can adversely affect the rights of other parties and the overall harmony in the legal system,” the bench remarked in its ruling.
Date of Decision: 18th July, 2023
The State of Jharkhand vs Kundan Kandil
