Limitation Act, 1963 – Condonation of delay – When justified – Dispute over title of a land between the appellant and the Respondent-State wherein the State claimed the land to be government land in its possession – Delay of 1537 days on part of the State in filing the Second Appeal was condoned by High Court – Challenge to:
Held: Impugned order upheld – Though delay cannot be condoned without sufficient cause, however, if in a particular case, the merits have to be examined, it should not be scuttled merely on the basis of limitation – In the present case, the dispute over title of the land is not between private parties, but rather between the private party and the State – On facts, matter requires adjudication on its own merits – Thus, in the peculiar facts and circumstances of the case, wherein the State claimed the land as government land in its possession, impugned order not interfered with and the Second Appeal is to be decided on merits – However, the delay is condoned subject to costs of Rs.50,000/- to be paid by the respondent to the appellant, failing which the Second Appeal to be treated as dismissed. [Paras 14, 15, 18, 19]
Limitation Act, 1963 – Constitution of India – Article 12 – Matter related to dispute over title of a land claimed by the State as government land in its possession – Delay of 1537 days on part of the State in filing the Second Appeal, condoned – State cautioned:
Held: State to be cautious and exhibit promptitude in such matters, failing which the Court may not be as liberal, costs imposed – State cannot be given any undue indulgence as compared to an ordinary litigant, especially in matters of limitation – All parties, either State or not are required to act with due diligence and promptitude. [Paras 13, 18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey Seeking exemption from filing Certified Copy of the Impugned Judgment. Seeking exemption from filing Official Translation(s).. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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