Case Note & Summary
The present application was filed by the Superintending Archaeologist seeking condonation of 718 days delay in filing the First Appeal against the judgment and decree dated 31.07.2023 passed by the learned Principal Senior Civil Judge, Bhachau, District Kutch, in LAR No.20 of 2017 with allied matters. The applicant argued that the delay occurred due to administrative procedures: the certified copy was applied on 23.08.2023 and delivered the same day, then the file was forwarded to the office and subsequently to the panel advocate for legal opinion, and then to higher authorities for approval. The court noted that the issue was similar to a previous common oral judgment dated 16.01.2026 in Civil Application No.5657 of 2025 and other connected matters, and decided this application keeping that order as the main order. After hearing the learned advocate Mr. Ankit Shah for the applicant, Mr. Jigneshkumar Nayak for respondent No.1, and the learned AGP for respondent No.2, the court found that the explanation for the delay was not sufficient. The court held that mere administrative procedure and forwarding of files does not constitute sufficient cause for condonation of such a long delay. Consequently, the application was dismissed.
Headnote
A) Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - Administrative delay - The applicant, a government department, sought condonation of 718 days delay in filing appeal against land acquisition award - The court held that mere administrative procedure and forwarding of files does not constitute sufficient cause for condonation - The delay was not properly explained and the application was dismissed (Paras 1-4).
Issue of Consideration
Whether the delay of 718 days in filing the first appeal should be condoned on the ground of administrative procedure?
Final Decision
Application dismissed. Delay of 718 days not condoned.
Law Points
- Condonation of delay
- Sufficient cause
- Administrative delay
- Limitation Act
- Section 5
