Case Note & Summary
The Shia Central Board of Waqf, Uttar Pradesh, filed a Special Leave Petition before the Supreme Court of India challenging a final judgment dated 30 March 1946 passed by the Civil Judge, Faizabad. The petition was filed with an inordinate delay of 24964 days. The petitioner failed to provide a satisfactory explanation for this delay. The Supreme Court, comprising a five-judge bench, dismissed the Special Leave Petition solely on the ground of delay, holding that the delay was not adequately explained. The court did not examine the merits of the case. The order was passed on 9 November 2019.
Headnote
A) Limitation - Delay Condonation - Inordinate Delay - Special Leave Petition - The petitioner filed an SLP against a 1946 judgment with a delay of 24964 days, which was not adequately explained - The Supreme Court dismissed the SLP solely on the ground of delay - Held that unexplained inordinate delay cannot be condoned (Para 1).
Issue of Consideration
Whether the inordinate delay of 24964 days in filing the Special Leave Petition should be condoned.
Final Decision
The Special Leave Petition is dismissed due to inordinate delay of 24964 days, which was not adequately explained.
Law Points
- Limitation
- Delay Condonation
- Inordinate Delay
- Special Leave Petition
Case Details
2019 LawText (SC) (11) 46
SLP (Civil) Diary No.22744/2017
Ranjan Gogoi, S A Bobde, Dr Dhananjaya Y Chandrachud, Ashok Bhushan, S Abdul Nazeer
Shia Central Board of Waqf U P
Sunni Central Board of Wakf
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Nature of Litigation
Civil appeal against a judgment of the Civil Judge, Faizabad dated 30 March 1946.
Remedy Sought
The petitioner sought to challenge the 1946 judgment by filing a Special Leave Petition.
Filing Reason
The petitioner was aggrieved by the judgment dated 30 March 1946 of the Civil Judge, Faizabad.
Previous Decisions
The Civil Judge, Faizabad passed a final judgment on 30 March 1946.
Issues
Whether the inordinate delay of 24964 days in filing the Special Leave Petition should be condoned.
Submissions/Arguments
The petitioner argued for condonation of delay, but the explanation was inadequate.
Ratio Decidendi
An inordinate delay that is not adequately explained cannot be condoned, and the petition is liable to be dismissed on that ground alone.
Judgment Excerpts
There is an inordinate delay of 24964 days in the Special Leave Petition filed by the Shia Central Board of Waqf Uttar Pradesh against the final judgment dated 30 March 1946 of the Civil Judge, Faizabad. The delay has not been adequately explained. The Special Leave Petition is accordingly dismissed.
Procedural History
The Civil Judge, Faizabad passed a final judgment on 30 March 1946. The petitioner filed a Special Leave Petition before the Supreme Court in 2017, which was dismissed on 9 November 2019 due to inordinate delay.
