Case Note & Summary
The Supreme Court dealt with a special leave petition filed by the petitioner against a judgment and final order of the Madras High Court dated 18.9.2006. The petitioner sought to challenge this order after a delay of 568 days, which was attributed to the pendency of a Review Application filed within the prescribed time under the Limitation Act, 1963. The court noted that the Review Application was rejected on 27.3.2008, prompting the filing of the special leave petition on 7.7.2008. During the hearing, the court raised a query regarding whether the prosecution of review proceedings could be deemed sufficient cause for the delay under Section 5 of the Limitation Act. The court acknowledged a divergence of opinion among various courts on this issue. It emphasized that the concept of 'sufficient cause' is not rigidly defined and allows for judicial discretion based on the circumstances of each case. The court concluded that the prosecution of review proceedings could potentially be a sufficient cause for delay, depending on the diligence shown by the petitioner in pursuing their legal remedies. The matter was directed to be listed for admission along with the application for condonation of delay on 16.2.2009, and the court appreciated the assistance of the Amicus Curiae.
Headnote
A) Limitation Law - Sufficient Cause - Delay in Filing Special Leave Petition - Limitation Act, 1963, Section 5 - The court examined whether the prosecution of review proceedings could be considered sufficient cause for delay in filing a special leave petition. It held that the test of 'sufficient cause' is individualistic and not objective, allowing discretion to the court to assess each case based on its unique circumstances (Paras 3-4).
Issue of Consideration
Whether prosecution of Review Proceedings constitutes sufficient cause for delay in filing a special leave petition under Section 5 of the Limitation Act, 1963.
Final Decision
The court directed the matter to be listed for admission along with the application for condonation of delay on 16.2.2009, recognizing the need for discretion in assessing sufficient cause.
Law Points
- Limitation Act
- 1963
- Section 5
- sufficient cause
- review proceedings
- discretionary jurisdiction
- Article 136
