Condonation of Delay VII: 916

From a consideration of the view taken by this Court, through the decisions cited, the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration would not depend on the status of the party so as to apply a different yardstick. The ultimate consideration should be to render even­ handed justice. The accrued right or the adverse consequence to the opposite party is also to be kept in perspective. While considering condonation of delay, a routine explanation would not be enough. It should be in the nature of indicating ‘sufficient cause’ to justify, which will depend on the backdrop of each case and will have to be weighed carefully by the Courts based on the fact situation.

The entire explanation for the inordinate delay of 916 days is twofold. The reasons put forth cannot in our opinion constitute sufficient cause. In such circumstance, if at this stage the inordinate delay is condoned unmindful of the lackadaisical manner, it would also be contrary to public interest.”

Hon’ble Justice A.S. Bopanna, University of Delhi v. Union India, [Civil Appeal Nos. 9488-9489 of 2019].