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Judge Gavel

Supreme Court: Litigant Must Justify Delay in Filing Appeal From Day One

The Supreme Court of India has emphasized that a litigant seeking condonation of delay in filing an appeal must provide a clear explanation for why the appeal was not filed from the very first day within the prescribed limitation period. The judgment underscores the principle that condonation of delay is not a matter of right but a discretionary remedy subject to satisfactory justification.


A bench comprising Justice Hima Kohli and Justice Rajesh Bindal delivered this ruling while dismissing a civil appeal where the appellant failed to provide an adequate explanation for the delay. The court reiterated that the limitation period is established to ensure timely litigation and prevent unnecessary delays in the judicial process.


The judgment noted, “A party cannot presume that delay will automatically be condoned. There must be a reasonable, satisfactory, and acceptable explanation for each day of delay.” It added that a casual or mechanical explanation will not suffice.


In this case, the appellant's plea failed to convince the court about the reasons for the delay. The bench observed that condoning the delay in the absence of sufficient cause would set a wrong precedent, encouraging litigants to approach the court casually, thus undermining the intent behind limitation laws.


The court also highlighted that condonation of delay is granted only in exceptional cases where the reasons are genuine and beyond the control of the litigant. The ruling aims to balance judicial efficiency with fairness to ensure that the limitation period is respected while accommodating unforeseen circumstances.


This judgment serves as a reminder to litigants and legal professionals to prioritize timely filing and to substantiate any delay with cogent reasons when seeking condonation.





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