Appeal filed 534 days late rejected as explanation insufficient despite claiming sufficient cause for delay

The HC dismissed a delay condonation application for filing an appeal 534 days late. The court held that merely establishing sufficient cause does not automatically entitle an appellant to delay condonation. The court must consider both sufficient cause and the litigant's bona fide approach, as rights accrue to the other party after limitation expires. The court found the explanation insufficient to justify the 534-day delay and emphasized that discretion must be exercised judiciously considering each case's facts and circumstances.

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Issues Involved:

1. Condonation of Delay
2. Legality and Propriety of the Impugned Order

Summary:

Condonation of Delay:

The instant intra-court appeal is barred by an inordinate delay of 534 days. An application for condoning this delay was filed (I.A.No.1589 of 2021). The appellants argued that the delay was due to the COVID-19 pandemic and procedural delays in taking a final decision. However, the respondents contended that no sufficient ground was provided for the delay.

The Court emphasized that the Law of Limitation is enshrined in the legal maxim "interest reipublicae ut sit finis litium" and that rules of limitation are meant to ensure that legal remedies are pursued within a legislatively fixed period. The Court referred to several precedents, including Brijesh Kumar & Ors. Vrs. State of Haryana & Ors., (2014) 11 SCC 351, and P.K. Ramachandran v. State of Kerala, (1997) 7 SCC 556, to highlight that delay should not be condoned without sufficient cause.

The Court noted that the order impugned was passed on 22.08.2019 in the presence of the State's counsel, but the application for a certified copy was filed only on 24.02.2021, with no sufficient explanation for this delay. The Court found that the appellants' claim of not knowing about the order until much later was incorrect and that the reasons provided for the delay were not sufficient.

Consequently, the Court dismissed the delay condonation application (I.A. No.1589 of 2021) and, as a result, the Letters Patent Appeal also stood dismissed. The interim order dated 19.01.2023 was vacated.

Legality and Propriety of the Impugned Order:

Given the dismissal of the delay condonation application, the Court did not proceed to examine the legality and propriety of the impugned order on its merits.

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