Application to Condone Delay Dismissed under Limitation Act Section 5 - Emphasis on Equal Application of Law The court dismissed the application under Section 5 of the Limitation Act for condonation of delay in filing the writ petition. The court emphasized that ...
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Application to Condone Delay Dismissed under Limitation Act Section 5 - Emphasis on Equal Application of Law
The court dismissed the application under Section 5 of the Limitation Act for condonation of delay in filing the writ petition. The court emphasized that the law of limitation applies equally to government bodies and private parties, highlighting the lack of diligence in decision-making by the officers involved. The reasons provided for the delay were deemed vague and general, lacking specific dates and details. As the explanation provided was insufficient to justify condonation of delay, the writ petition was consequently dismissed based on the order regarding the delay condonation application.
Issues: Application under Section 5 of the Limitation Act for condensation of delay in filing the writ petition.
Analysis: The counsel for the applicant argues that the delay in filing the petition should be condoned, citing previous Supreme Court judgments. However, the court emphasizes that the law of limitation applies equally to government bodies and private parties. The court notes that the reasons provided for the delay in the application are vague and general, lacking specific dates and details. The court highlights the lack of diligence in decision-making by the officers involved in filing the writ petition. It is emphasized that condoning delay is not a right, and sufficient cause must be shown. The court finds the explanation provided in the application insufficient to justify condoning the delay.
Judgment: The court dismisses the application under Section 5 of the Limitation Act for condensation of delay. Consequently, the writ petition is also dismissed based on the order passed regarding the delay condensation application.
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