Justice Oriented Approach To Be Adopted While Dealing With Delay Condonation Plea : Supreme Court

The Supreme Court observed that the courts should adopt the justice oriented approach rather than the 'iron- cast technical approach' while dealing with delay condonation applications.

In this case, the suit was decreed by the trial court on 1.10.2005. The defendants filed first appeal along with an application seeking to condone 52 days delay. The lower appellate Court on 08.10.2010 dismissed the appeal on the ground of limitation holding that the delay has not been properly explained. On 16.04.2015, the High Court dismissed the second appeal on the ground that there is no question of law for consideration.

In appeal, the Apex Court bench noted that there was delay of only 52 days in filing the appeal and the point raised by the appellants was that the that the judgment was not in their knowledge.

The bench, referring to Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. (1987) 2 SCC 107, observed:

"The above decision expressing the intention of justice oriented approach percolating down to all the courts was rendered nearly three decades ago but unfortunately the case on hand demonstrates the pervading insensitive approach, which apart from continuing the agony of the litigants concerned has also unnecessarily burdened the judicial hierarchy which after going through the entire process will have to set the clock back, at this distant point in time and prolong their agony. If only the court concerned had been sensitive to the justice oriented approach rather than the iron- cast technical approach, the litigation between the parties probably would have come to an end much earlier after decision on the merits of their rival contention."

The court noted that the lower Appellate Court dismissed the appeal on the ground of delay when the delay was not inordinate. Holding that the same was not justified, the bench restored the appeal to the file of the lower Appellate Court.

Case details

Raheem Shah vs Govind Singh | 2023 LiveLaw (SC) 572 | 2023 INSC 651

Headnotes

Limitation Act, 1962 ; Section 5 - Justice oriented approach rather than the iron- cast technical approach to be adopted - Supreme Court restored an appeal before lower appellate court which had dismissed it on the ground that the delay of 52 days was not properly explained - Referred to Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. (1987) 2 SCC 107. (Para 3-6)

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