Condonation of Delay XII: 12 Y 158 D

Posted on by Rudrajyoti Nath Ray

This litigation between parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. It would be a mockery of justice if we condone a delay of 12 years and 158 days. We are of view, a question of limitation is not merely a technical consideration. We should not keep the ‘Sword of Damocles’ hanging over the head of Respondent for an indefinite period of time to be determined at whims and fancies of Appellants. In a plethora of decisions of this Court it has been said, delays should not be excused as a matter of generosity.

– Hon’ble Justice J.B. Pardiwala, Union of India v. Jahangir Byramji Jeejeebhoy, [Special Leave Petition (Civil) No. 21096 of 2019].

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“It would be a dichotomy if litigation is made immortal vis-à-vis litigating parties i.e. human beings, who are mortals.”

– Hon’ble Justice Pankaj Mithal, Pathapati Subba Reddy v. Special Deputy Collector, [Special Leave Petition (Civil) No. 31248 of 2018] decided on 08.04.2023.

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.