Case Note & Summary
The State of Maharashtra and the Commissioner of Police filed an Interim Application seeking condonation of delay of 1 year and 300 days in filing a Civil Revision Application against a decree dated 3 February 2020 passed by the Appellate Bench of the Small Causes Court, which had dismissed their appeal against an eviction decree dated 31 October 2012. The eviction suit was filed by landlords for recovery of possession of a tenanted premises on grounds of bona fide requirement and arrears of rent. The Trial Court decreed the suit on 31 October 2012 on the ground of arrears of rent under Sections 15(2) and 15(3) of the Maharashtra Rent Control Act, 1999. The defendants' appeal was dismissed on 3 February 2020. The Revision Application was lodged on 17 January 2024. The applicants argued that the delay was due to the COVID-19 pandemic and the hierarchical decision-making process in the police department. The respondents opposed, contending that no justifiable cause was shown and that the police department was functional during the pandemic. The Court held that while the period of suspension of limitation from 15 March 2020 to 28 February 2022 could not be counted against the applicants, the delay after that period was inordinate and not sufficiently explained. The Court noted that steps were taken during the pandemic period, indicating that the process had commenced. Relying on Supreme Court judgments in State of Madhya Pradesh v. Bherulal, Maniben Devraj Shah v. Municipal Corporation of Brihan Mumbai, and Pundalik Jalam Patil v. Executive Engineer, the Court reiterated that the Government does not enjoy any special status for condonation of delay and that administrative delays are not sufficient cause. The Court found that the explanation for the delay after 28 February 2022 was vague and lacked specific dates or reasons. Consequently, the Interim Application was dismissed, and the Civil Revision Application was rejected as barred by limitation.
Headnote
A) Limitation Act - Condonation of Delay - Government as Litigant - The State and its instrumentalities do not enjoy any special treatment while seeking condonation of delay; mere status as Government is not a ground for condoning inordinate delay in absence of valid justification. (Paras 10-11)
B) Limitation Act - Condonation of Delay - Sufficient Cause - The period of suspension of limitation due to COVID-19 pandemic (15.03.2020 to 28.02.2022) cannot be counted against the applicant, but steps taken during that period show that the process had commenced; delay after 28.02.2022 must be explained with cogent reasons. (Paras 8-9)
C) Limitation Act - Condonation of Delay - Inordinate Delay - Delay of 1 year and 300 days (over 4 years from decree) is inordinate; administrative delays and internal processing by Government departments do not constitute sufficient cause unless accompanied by specific, plausible explanations. (Paras 7, 11-12)
Issue of Consideration
Whether the State of Maharashtra and Commissioner of Police have shown sufficient cause for condonation of delay of 1 year and 300 days in filing the Civil Revision Application challenging the eviction decree.
Final Decision
The Interim Application is dismissed. Consequently, the Civil Revision Application (Stamp) No.1765 of 2024 is rejected as barred by limitation.
Law Points
- Condonation of delay
- Limitation Act
- Government as litigant
- Sufficient cause
- COVID-19 pandemic suspension of limitation
Case Details
2024 LawText (BOM) (8) 287
Interim Application No.10687 of 2024 in Civil Revision Application (Stamp) No.1765 of 2024
Mr. D.J. Haldankar, AGP for the Applicants-State; Dr. Abhinav Chandrachud i/b. Ms J.P. Thakkar for the Respondents
The State of Maharashtra, Commissioner of Police
Mayuri wd/o. Kaushik Shah, Vaibhav S/o. Kaushik Shah, Harshita d/o. Kaushik Shah, Nikhil s/o Harilal Shah, Zakiuddin Abedali Electricwala
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Nature of Litigation
Interim Application for condonation of delay in filing Civil Revision Application against eviction decree.
Remedy Sought
Applicants (State of Maharashtra and Commissioner of Police) sought condonation of delay of 1 year and 300 days in filing the Civil Revision Application challenging the decree dated 3 February 2020 passed by the Appellate Bench of the Small Causes Court.
Filing Reason
The applicants failed to file the Revision Application within the period of limitation due to the COVID-19 pandemic and internal administrative delays in the police department.
Previous Decisions
The Trial Court decreed the suit on 31 October 2012 on the ground of arrears of rent. The Appellate Bench dismissed the appeal on 3 February 2020.
Issues
Whether the applicants have shown sufficient cause for condonation of delay of 1 year and 300 days in filing the Civil Revision Application.
Whether the status of the applicants as departments of the State Government entitles them to any special treatment in the matter of condonation of delay.
Submissions/Arguments
Applicants: The delay was due to the COVID-19 pandemic and the hierarchical decision-making process; the police department was not fully functional even after 28 February 2022; steps were taken promptly at every level.
Respondents: No justifiable cause shown; the police department was functional during the pandemic; mere status as Government does not confer any special treatment; administrative delay cannot be accepted.
Ratio Decidendi
The Government and its instrumentalities do not enjoy any special treatment while seeking condonation of delay; mere status as Government is not a ground for condoning inordinate delay in absence of valid justification. The period of suspension of limitation due to COVID-19 pandemic cannot be counted against the applicant, but the delay after that period must be explained with cogent reasons. Administrative delays and internal processing by Government departments do not constitute sufficient cause unless accompanied by specific, plausible explanations.
Judgment Excerpts
It must be observed at the very outset that the delay in filing the Revision Application is computed as 1 year and 300 days by excluding the entire period from 15 March 2020 to 28 February 2022 on account of Order of the Supreme Court dated 10 January 2022.
Coming to the status of Applicants as departments of State Government, the law is now fairly well settled that Governments and its instrumentalities do not enjoy any special treatment while seeking condonation of delay and that their mere status is not a ground of condoning inordinate delay, in absence of any valid justification.
Procedural History
The landlords filed R.A.E. & R. Suit No.632/1148 of 2004 for eviction. The Trial Court decreed the suit on 31 October 2012. The defendants filed Appeal No.107 of 2013, which was dismissed on 3 February 2020. The defendants then filed Civil Revision Application (Stamp) No.1765 of 2024 on 17 January 2024, along with Interim Application No.10687 of 2024 for condonation of delay.
Acts & Sections
- Maharashtra Rent Control Act, 1999: Section 15(2), Section 15(3)
- Limitation Act, 1963: Section 5
